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How to Check If a Prenup Was Filed in California | Expert Guide

Dina Haddad

Principal & Founder Attorney-Mediator

Can You See If a Prenup Was Filed in California?

When it comes to finding out or seeing if a prenup was filed in California, you might just be out of luck. California courts maintain prenuptial agreements and consider them as private documents. 

They are not generally able to be accessed by the public unless involved in legal proceedings.  

Did you know that you can go through a mediator to help you draft your prenuptial agreement? 

Reach out to Dina Haddad and schedule your free consultation today.

Understanding Prenuptial Agreements in CA

In this section, we would cover all aspects of prenuptial agreement from its definition, and purpose to significance.

What is a prenuptial agreement?

A prenup to put it simply is a contract that you sign before marriage. In a prenuptial agreement, it covers who would get what if you were to divorce.
Mostly, they concern property rights. Where you will walk away with what you bought, and brought, to the table in your relationship.
For example; if you bought the house yourself, you get the house.

Purpose of Prenuptial Agreements

There are a lot of reasons why your partner might request you sign a prenup before marriage. Before you get offended and think that they may not trust you, put it into this perspective. 

It is protection for both of you if you were to divorce. In California according to lawsuit.org “California premarital agreements can also include information about the rights, roles, and obligations of each partner in the marriage, so long as the terms do not violate public policy. Most agreements will also contain a provision addressing spousal support.” 

Take this scenario for instance: Aleya’s spouse David just approached her after they had just got engaged. He explains to Aleya that in his previous marriage, they didn’t have a prenup agreement. 

He feels that during his divorce everything was split in half regardless of him being the one to bring in the most assets. He emphasizes that he doesn’t want to go through something like that again. So he kindly asks if Aleya is willing to sign a prenup agreement on who would get what if they were to divorce. 

A prenuptial agreement isn’t always a bad thing, nor is it a slant towards you as a sign that your partner doesn’t trust you. They could just be worried about possibly being taken advantage of in the future if you two were to separate, and that should be viewed as a valid concern.

Why are prenuptial agreements important in California?

Now let’s say that Aleya doesn’t want to sign the prenuptial agreement. If they were to divorce everything earned during the marriage will be (in the eyes of California court) split. 

It is important to note that the state of California is considered a community property state. So you may want to think twice before automatically shooting down the idea.

Now, if Aleya did sign the prenup, that agreement is valid indefinitely. That is, unless they decide later down the road that they want to modify it. Or (in extreme cases) prove that it was signed under false pretenses and/or where fraud is involved. 

We have a great article about this at– Prenups: What, Why and When

Legal Requirements & Enforceability Criteria for Valid Prenuptial Agreement, CA

1. Key Provisions and Elements of Agreement

In the state of California if you do not want to file the prenup agreement in court, you don’t necessarily have to. 

But, if you choose not to, it is easy that the agreement could be invalidated later on if your spouse chooses to fight it. 

According to smartasset.com in their article titled ‘A Guide to Prenuptial Agreements in California;

“The Golden State’s Uniform Premarital Agreement Act (UPAA) dictates the requirements for prenups in California.” 

Here are just some of the requirements: 

  • Both parties have to provide a complete list of assets and liabilities (real estate, investments, debts, bank accounts).
  • Needs to clearly state both parties’ intentions. 
  • The prenup should define what constitutes marital and separate property. 
  • Planned financial responsibilities during the marriage need to be outlined. An example is household expenses and savings contributions. 
  • The prenup must be notarized.

While it’s easy to blow it off and think; “well, we have a verbal agreement” or “we have our own written agreement” getting the document notarized helps enforce the agreement. 

The prenup will have to be written (and signed) by both spouses.  To get it notarized you draft the agreement, sign it, and locate a notary. 

You can usually find a notary at banks or other legal offices. Both spouses will have to be present at the same time to sign the document in front of the notary witness. 

The notary witness will watch the signing of the prenup agreement and afterwards they will then apply a notarial seal with a certificate of acknowledgement to verify the agreement’s authenticity.

2. Enforceability Criteria

If you do not have fair terms and, reading it, a judge deems the agreement unjust or exploitative/deceptive the court may not enforce it. The judge will also refuse to enforce it if it has too much information. 

Your agreement can not have any kind of child custody or support terms outlined. The reason for this is because ultimately it will be the family law courts who have the last say on if the custody support agreements are within the child’s needs. 

You should also not have terms that involve alimony or spousal support. You never know what your future situation is going to be, and if your situation in the financial department varies drastically from your partner, having a term stating to have little to no spousal support will be seen as unfair. 

A final thing to note is that a prenup can not have or include your personal preferences. Especially when it pertains to personal matters. This will be viewed negatively; and seen as you or your spouse putting stipulations on the other to limit certain behaviors.

Common Clauses in Premarital Agreement

There are quite a few common clauses that you will see in a typical premarital agreement: 

  • Property division clause 
  • Alimony 
  • Debt division
  • Inheritances
  • Gifts
  • Death
  • Management of finances during marriage (this is not considered a personal matter). 
  • Marital residence

You will want to keep these clauses simple and to the point when you are writing them. And most of all be careful of your wording. 

Just so that you have a heads up; most prenups are usually about 20-30 pages long. So this will be a process you will need to sit down multiple times for and when you are done, do a final review.

Don’t sign onto anything if you think you will regret it later, because after getting it notarized if you do end up divorcing it will be a lot harder to convince court not to deem the agreement credible.

Are Prenuptial Agreements Public Records in California?

Are prenuptial agreements public records in California?

1. How to check if a prenuptial agreement has been filed?

To check if your prenuptial agreement has been filed, because prenups are not considered public records, you will have to consult a family law attorney. 

They can access the necessary legal documents that you will need to view with permission. You are, however, able to check court records if the prenup is a part of a legal matter.  

Of course, this is all if the court clerk’s office doesn’t tell you whether or not it was filed (all offices are different). 

After trying there, before going to an attorney, try to use your court’s online database. It might be available for you to use so that you can check for prenuptial agreements.

2. Why are prenups considered private documents?

According to BlueNotary;

“Prenuptial agreements are private documents. They’re not accessible to the general public unless introduced as evidence in legal proceedings. 

This privacy ensures that sensitive financial and personal information remains protected. Only the involved parties, their attorneys, or a court may access these documents. 

Consequently, there’s no central repository or public database where one (not connected to the agreement) can look up a prenup.” 

In general it’s for you and your spouse’s safety. Nobody wants other people let alone strangers to be able to look up and see (or possibly steal) their personal financial information. If prenups were made public knowledge, then it could lead to trouble.

3. When are they accessible to the public?

Prenup agreements may become accessible to the public if you and your spouse have a legal dispute over the terms during a divorce. That, or if the agreement is involved in other legal proceedings and deemed as evidence.

Other than that, the prenup will remain private. 

4. Who are they accessible to?

These private documents can be accessed (though you may have to go through some hoops to do it). It can be able to be viewed by the parties involved and/or their legal representation.

Where can I get a copy of my prenups?

When you initially sign the prenup you should have gotten a copy of it from your attorney if that’s who you went through to draft and review it. 

If you later can’t find your copy of the agreement you will be able to later contact them or the office that handled your case to request a copy of it.

How Can a Mediator Help You with a Prenuptial Agreement?

If you don’t want to go through an attorney when it comes to your prenup, good news, you don’t have to. In California you can go to a mediator instead to help you negotiate your side of the terms for the prenup.

 By going through mediation they can help you draft the agreement. Suddenly going from writing it on your own to having professional help. 

But that isn’t all, if you find trouble along the way when you are talking with your partner about certain aspects of the agreement your mediator can help guide you through them.

They will be able to answer any questions that you have so that you don’t feel you are being ‘cheated’. Instead of it being a more adversarial experience, a mediator can make it easy while being a lot cheaper than if you were to hire an attorney. If you are looking for a service to use to work out your prenup agreement, you should go through Families First Mediation.

Using Families First Mediation, the name says it all. They will put you and your family (or future family) first. 

Not only are they a more cost friendly service, but they work to maintain their quality of work no matter if you are paying $5 or $500. Their head mediator Dina Haddad can offer you a free consultation to help you get started today.

Conclusion

In conclusion, if you are considering getting a prenup prior to getting married, you should! You are legally protected in the event of a divorce and overall it will give you a piece of mind within your relationship. The best way to go if you want to save money is to go through mediation instead.

Frequently Asked Questions

Yes, prenups while they are recorded and copies are made by your legal representation, they are confidential and not made public information.

No, prenups are indefinite after being notarized. If you write up the agreement but don’t get it made official it can expire after a while.

They can help you create and draft your prenup agreement. Working with you to make sure the terms are fair and there is no wording that could be seen as unjust if you were to divorce.

You should aim  to finish your prenup agreement and have it finalized before the wedding date. It is recommended to have it completed at least a few weeks to a few months beforehand.

The 7-day rule in California requires that a final version of the agreement is shown to your spouse at least seven days before you both sign.

This is so that both of you have enough time to look over and think about the terms.

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