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Prenuptial Agreement Lawyer Los Angeles

Protecting Your Future with a Prenuptial Agreement

Marriage is an exciting milestone — and it’s also a legal partnership. At Duncan Family Law, we help individuals and couples across Los Angeles, Beverly Hills, Santa Monica, and nearby areas establish clear, fair, and enforceable prenuptial agreements that protect their future and foster transparency from the start.

If you’re engaged and considering a prenup, we’re here to offer straightforward legal guidance backed by experience and discretion.

Nicole Duncan - Divorce Attorney and Family Lawyer in Los Angeles, California
Nicole Duncan - Attorney at Law

What Is a Prenuptial Agreement?

A prenuptial agreement is a legally binding contract entered into before marriage that lays out how assets, debts, and financial matters will be handled upon divorce, legal separation, or death.

Common Issues Addressed in Prenups

  • Division of Property – Clarifies separate vs. community property.
  • Spousal Support (Alimony) – Whether it will be owed and on what terms.
  • Business Interests – Protects ownership in closely held companies and professional practices.
  • Inheritance & Estate Planning – Preserves family assets and intended beneficiaries.
  • Debt Allocation – Assigns responsibility for pre-marital and marital debts.

Because California is a community property state, most property acquired during marriage is presumptively split 50/50 without a valid agreement. A prenup lets you set different, agreed-upon rules.

Why Consider a Prenuptial Agreement?

  • Business Owners & Entrepreneurs – Shield your company, partners, and clients from divorce disruption.
  • High-Net-Worth or High-Earning Professionals – Protect investments, real estate, RSUs/options, and retirement accounts.
  • Second Marriages & Blended Families – Coordinate with trusts/estate plans to protect children from prior relationships.
  • Debt & Credit Concerns – Separate liability for student loans, tax obligations, or business debt.
  • Clarity & Predictability – Reduce uncertainty and future legal costs if the marriage ends.

California Law and Prenuptial Agreements

California prenups are governed by the Uniform Premarital Agreement Act (UPAA) and related Family Code provisions. Enforceability generally turns on fairness and process. Key elements include:

  • Written & Signed – Oral prenups are not enforceable.
  • Voluntary Execution – No coercion, duress, or undue influence.
  • Financial Disclosure – Full and fair disclosure of assets, debts, and income (or a valid written waiver after receiving adequate information).
  • 7-Day Review Window – At least seven calendar days between presentation of the final agreement and signing.
  • Independent Counsel – Strongly recommended for both parties. Required if a party is limiting/waiving spousal support; without counsel, that provision is typically unenforceable.
  • No Unconscionability – Terms must be fair at the time of enforcement; procedural fairness matters.

Compliance with these safeguards greatly increases the likelihood your prenup will be respected by the court.

Nicole Duncan – Prenuptial Agreement Lawyer in Los Angeles

Nicole Duncan, founding partner of Duncan Family Law, drafts, negotiates, and reviews prenups for clients ranging from entrepreneurs to executives and creatives.

Credentials

  • J.D., Whittier Law School
  • International Law Certification, King’s College London
  • B.B.A., USC Marshall School of Business
  • Licensed in California and Colorado

Nicole brings business acumen and litigation experience to every agreement, focusing on clear, enforceable contracts that align with long-term goals.

The Prenup Process at Duncan Family Law

  1. Consultation – Discuss goals, assets, income, debt, and estate-planning priorities.
  2. Drafting – We prepare a customized agreement reflecting your terms and California law.
  3. Review & Negotiation – Each party reviews with independent counsel; we refine language and resolve open issues.
  4. Finalization – After the 7-day review window, the agreement is signed and notarized.

Why Choose Duncan Family Law for Prenuptial Agreements?

  • Experience with Complex Assets – Real estate portfolios, private companies, RSUs/options, international property.
  • Tailored Contracts – Agreements aligned with your values, estate plan, and risk tolerance.
  • Local Expertise – Deep knowledge of California Family Code and Los Angeles court expectations.
  • Proactive Risk Management – Clear terms today to minimize disputes tomorrow.
  • Client-Centered Counsel – Practical guidance and responsive communication throughout.

Contact Duncan Family Law – Prenuptial Agreement Lawyer in Los Angeles

Duncan Family Law
8075 W 3rd St, Los Angeles, CA 90048

Phone: (855) 369-9993

Attorney Nicole Duncan – Prenuptial Agreement Lawyer, Licensed in California & Colorado

Schedule a confidential consultation to draft or review your prenuptial agreement and enter marriage with clarity and confidence.

LOS ANGELES OFFICES

Duncan Family Law
Address: 8075 W 3rd St, Los Angeles, CA 90048
Phone: (855) 369-9993

CONTACT US

Frequently Asked Questions

Yes—when they meet procedural safeguards (disclosure, voluntariness, 7-day review) and are not unconscionable at enforcement.

Independent prenuptial agreements counsel is strongly recommended for both parties. If a party limits or waives spousal support, that party must be represented for the clause to be enforceable.

No. Custody and child support are decided based on a child’s best interests at the time of separation and cannot be predetermined in a prenup.

Start early—ideally months before the wedding. California requires at least seven days between presentation of the final agreement and signing.

Yes, but it becomes a postnuptial agreement and must meet California’s requirements for validity.

California’s community property rules apply: most assets and debts acquired during marriage are divided equally unless proven separate.

No. Anyone who values clarity about property, debt, or spousal support can benefit from a well-crafted prenup.

Yes. Prenups can preserve family real estate, businesses, and inheritance expectations when coordinated with estate plans.

Coercion, inadequate disclosure, ignoring the 7-day rule, lack of independent counsel for spousal-support waivers, or substantively unfair terms.

Fees vary with complexity (business interests, equity comp, cross-border issues). We provide transparent pricing after your consultation.