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Prenups in California: 5 myths that cost couples real money

By Izabella Stepanyan, Esq. · Jan 15, 2025 · 5 min read

Prenups have a PR problem. In reality, a thoughtful prenuptial agreement is one of the most loving conversations a couple can have. Here are the myths we hear most.

Myth 1: “Prenups mean you don’t trust each other.”

Prenups are about clarity, not suspicion. They protect both spouses — especially the one with fewer assets.

Myth 2: “We don’t have enough money to need one.”

Future earning power, business equity, and inheritances all matter. California is a community property state.

Myth 3: “We can just write our own.”

California has strict requirements. DIY prenups are routinely thrown out.

Myth 4: “Prenups can decide custody.”

They can’t. Custody is always decided in the child’s best interest.

Myth 5: “It’s too late, we’re already married.”

That’s called a postnup. Same protections, slightly different process.

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