Prenuptial Agreements
A Collaborative Approach to Prenuptial Agreements
At Aloha Divorce, we believe that a prenuptial agreement should be more than just a legal document—it should be a collaborative process that strengthens your relationship and prepares you for a successful marriage. Instead of an adversarial approach, we focus on open communication, mutual understanding, and fairness, ensuring that both partners have a voice in shaping their financial future together.
What sets us apart? We work cooperatively with both parties and their attorneys to create a prenuptial agreement that reflects your shared values and long-term goals. Our process encourages transparency and teamwork, helping you and your partner build a foundation of trust as you plan for marriage.
Beyond just legal guidance, we provide access to a trusted network of financial advisors, estate planners, and CPAs who can help you navigate financial planning, asset protection, and long-term wealth management. Our goal is to empower you with the tools and knowledge you need—not just for a strong prenup, but for a strong financial future as a couple.
Prenuptial Agreements That Reflect Real Love
A prenup isn’t about mistrust — it’s about clarity, compassion, and planning for the life you’re building together. At Aloha Divorce, we believe in protecting both partners while honoring your shared values and dreams.
Before we dive into drafting your agreement, I invite you to pour a glass of wine, sit down together, and fill out this pre-prenup worksheet. It’s thoughtful, light-hearted, and meant to spark the conversations that matter most — no legal jargon, just real talk.
✨ Think of it as a date night with purpose.
Use it to explore money mindsets, hopes, fears, and the big “what ifs” — then bring it to your session so we can draft an agreement that truly reflects you.
Prenup Review & Negotiation
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Comprehensive review of an existing prenup
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Negotiation assistance to modify terms
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Ensuring legal clarity before signing
Prenup Drafting & Negotiation
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Custom-drafted prenuptial agreement tailored to your needs
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Two rounds of revisions and negotiation assistance
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Direct communication and legal consultation
Complex Portfolios or Needs
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Comprehensive planning
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Iin-depth asset protection
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Multiple revisions & negotiations
Why Flat-Fee Pricing?
Our flat-fee pricing ensures you know exactly what you’re paying upfront—no surprises, just clarity. We believe in transparency, so you’ll never have to worry about hidden costs or unexpected legal fees. During your consultation, we’ll walk you through the prenup process, answer your questions, and explain how our pricing structure keeps things simple and stress-free. Below, you’ll find answers to some of the most common questions we receive about our flat-fee prenuptial agreements.
Predictable Costs
You’ll never be surprised by hourly charges or unexpected fees.
Clear Scope of Work
You know exactly what’s included in your service package.
Focused on You, Not the Clock
We take the time needed to create a strong, fair agreement.
Hourly billing can add up fast. With our flat-fee approach, you get quality legal guidance with full cost transparency.
Common Questions About Our Flat Fee Prenups
Why do you charge a flat fee instead of hourly like other attorneys?
Great question! I use a flat-fee model to give my clients complete transparency and peace of mind. Instead of worrying about how many hours I’m spending on your case, you get a predictable, all-inclusive rate. That means unlimited communication within the scope of your service—without the fear of surprise bills. You’ll know upfront exactly what’s covered, and I’ll guide you through the entire process with no extra costs
What if my prenup is more complicated than expected?
That’s why I offer different flat-fee options. A standard prenup covers most couples, but if you have business interests, high-value assets, or other complexities, I offer a more in-depth package. We’ll assess your needs upfront so you get the right service at a predictable cost.
What if we need extra revisions?
My flat-fee includes up to two rounds of revisions and negotiation. If we anticipate additional revisions, I’ll let you know beforehand, so you’re always in control of the cost.”
How is Aloha Divorce’s approach to prenuptial agreements different from other law firms?
At Aloha Divorce, we take a collaborative approach to prenuptial agreements, helping couples work together to create a fair and transparent plan for their future. We also connect you with financial advisors, estate planners, and CPAs to ensure your prenup aligns with your long-term goals. Plus, our flat-fee pricing means no surprises—just clarity and support for both partners.
Do we each need our own attorney?
Yes, in California, it’s recommended that both parties have independent legal counsel to ensure fairness and enforceability. We’ll work cooperatively with your partner’s attorney to make the process smooth and stress-free.
What if my partner and I don’t agree on certain terms?
That’s completely normal! We encourage open discussions and negotiations to find solutions that work for both of you. Our goal is to create an agreement that feels fair and beneficial for your future together.
Can we include things like spousal support or business ownership in our prenup?
Absolutely. Your prenup can cover asset division, business interests, spousal support, estate planning considerations, and more. We’ll help you customize it based on your unique needs.
How long does it take to finalize a prenuptial agreement?
Typically, the process takes 4-6 weeks, depending on how quickly both partners agree on the terms. We recommend starting at least a few months before the wedding to allow enough time for review and signing.
What happens if we don’t get a prenup?
Without a prenup, California’s community property laws will determine how assets and debts are divided in a divorce. A prenup allows you to set your own terms rather than relying on default state laws.
Can a Court Refuse to Enforce a Prenup?
Yes—California courts can set aside a prenuptial agreement if certain legal requirements aren’t met. A prenup may be deemed unenforceable for reasons such as:
The parties didn’t follow the legal formalities required at the time of signing.
One party was pressured, coerced, or lacked the mental capacity to consent.
There was fraud or intentional nondisclosure—such as hiding assets or debts.
The terms are considered unconscionable—for example, if the agreement waives spousal support and would leave one spouse in serious financial hardship after divorce.
While prenuptial agreements are a powerful way to align expectations and create financial clarity before marriage, they must be approached with transparency, fairness, and proper legal guidance to ensure they hold up in court.
What Can You Include in a California Prenup?
California follows the Uniform Premarital Agreement Act (UPAA), which sets clear guidelines for creating enforceable prenuptial agreements. To be legally valid, your prenup must meet the following requirements:
Full financial disclosure: Both parties must share complete details about their separate assets and debts before signing.
Time to review: Each person must have at least seven days to consider the agreement before signing.
Independent legal counsel: Each party must be represented by their own attorney—one lawyer cannot advise both sides.
Written terms: The full agreement must be provided in writing.
Clear understanding: Both parties must confirm they understand the terms before signing.
With a valid prenup, couples can:
Decide in advance which assets and debts will remain separate during marriage.
Outline how marital property will be divided if they later divorce.
Choose to opt out of California’s default community property rules, allowing for more personalized and equitable arrangements.
Waive spousal support, as long as the waiver is fair and not unconscionable at the time of enforcement.
However, prenups cannot include terms about child custody or child support. Those issues must be addressed separately, typically through a Marital Settlement Agreement during divorce.
What Can't You Include in a California Prenup or Postnup?
While prenuptial and postnuptial agreements are powerful tools for customizing financial arrangements, there are important legal limits on what they can contain.
In California, a prenup or postnup cannot include:
Illegal Provisions: Any clause that requires one spouse to do something unlawful will automatically be invalid.
Unreasonable or Personal Conditions: Courts will not enforce terms that are overly personal or unrealistic—such as requiring a spouse to maintain a certain weight, have children, or follow specific lifestyle rules.
Child Support or Custody Agreements: These matters are strictly reserved for the court to decide based on the best interests of the child at the time of divorce. Attempting to pre-determine child custody or child support in a prenup or postnup is not allowed.
Provisions That Promote Divorce: Any language that appears to incentivize or encourage divorce may render the agreement invalid.
Unfair Waivers of Spousal Support (Alimony): While spousal support waivers are allowed in some cases, they may be rejected by the court if they are deemed unconscionable at the time of enforcement.
To be enforceable, a prenup or postnup must be legally sound, fair, and focused on financial clarity—not personal control or parenting decisions. That’s why it’s crucial to work with an attorney who understands both the letter and the spirit of California’s family law.
When am I legally married in California?
A marriage is legally formed in California when all of the following steps are completed:
Consent – Both parties must freely and voluntarily agree to marry.
Marriage License – The couple must obtain a valid marriage license issued by a California county clerk.
Solemnization – The marriage must be solemnized by an authorized person, such as a judge, minister, or officiant.
Declaration – During the ceremony, each person must declare that they take the other as their spouse, in the presence of the officiant.
Under Family Code §§ 300, 400, and 420, these steps are required for a marriage to be legally recognized. While filing the license with the county is important, the act of solemnization (the ceremony) is what legally seals the marriage. California also recognizes out-of-state marriages that are valid in the jurisdiction where they were performed (Fam C § 308).
How does a marriage legally end in California?
Under Family Code § 310, a valid marriage in California can only end in one of three ways:
Death of one spouse
Dissolution of marriage – Also known as divorce, this legally ends the marriage through a court judgment.
Judgment of nullity – Also known as annulment, this occurs when the marriage is found to be legally void or voidable.
Each of these outcomes involves a legal process, and the appropriate path depends on the circumstances of the marriage. If you’re unsure which applies to your situation, speaking with a family law attorney can help you determine your options.