Prenups in the LGBTQ+ Community

You just got engaged. Somewhere between picking a venue and telling your families, the conversation turns to money. Maybe you own a condo in Silver Lake or built a business from nothing. Maybe you entered into a domestic partnership years ago. You want to protect what you built, but you’re not sure whether the rules work the same way for a same-sex marriage.

The Sands Law Group helps couples in Los Angeles create legally valid LGBTQ prenuptial agreements that reflect their financial circumstances and plans for marriage. We can help you write an agreement that fits your relationship.

Yes. California applies the same laws governing prenuptial agreements regardless of whether the spouses are a same-sex or opposite-sex couple.

If you sign a valid agreement before your wedding, California courts can enforce it. For LGBTQ couples, prenups can protect the property, income, and debt you want to keep separate from what you build together as spouses.

Same-sex couples have had the right to marry nationwide since 2015. That’s when the Supreme Court struck down state law same-sex marriage bans.

The ruling means that, in California, prenuptial agreements for same-sex couples follow the same rules as any other premarital agreement. California law also lets couples register as domestic partners instead of marrying. Registered domestic partners generally have the same rights as spouses. This includes rights and obligations involving property if the relationship ends.

Already registered as domestic partners and planning to marry each other? Tell us first, since your existing property rights and agreements may affect what your prenup needs to address.

Many LGBTQ+ couples spent a long time building a life together before marriage was ever legally possible. That history can create financial and property issues that a conventional prenup may not fully address. California treats marriages of 10 years or longer as marriages of long duration for spousal support purposes. For those marriages, a court retains the power to modify or end support later, rather than locking in a fixed end date up front. However, 10 years is not an automatic cutoff, and courts may consider the circumstances of shorter marriages as well.

A prenup that only looks forward from your wedding date may still miss important parts of your financial history. For example, an agreement can identify property or businesses that either of you acquired before marriage and explain how you intend to treat those assets after marriage. That way, any future conversation about support starts from a shared understanding, not a fight over history.

Strong LGBTQ prenups do more than list who keeps the house. In Los Angeles, the right agreement can address:

• Property and debt. You can detail who owns the condo, the business, or a car loan, and how to divide new purchases.
• Retirement and investment accounts. You can decide how contributions and earnings before and during the marriage will be characterized, subject to applicable law.
• Family-building costs. You can address financial responsibilities related to fertility treatment, surrogacy, or adoption.
• Out-of-state property. You can decide how to treat a home or account in another state if you move.

Once you decide what matters most, we can draft an agreement that reflects those priorities while complying with California’s requirements for premarital agreements.

A prenup cannot set child custody. It cannot determine how much child support a child will receive in the future, no matter what you and your partner agree to today. California law protects a child’s right to support, no matter what a premarital agreement says.

Planning to grow your family through adoption, surrogacy, or fostering? Your prenup can address some of the financial issues involved in those plans. But questions involving legal parentage, custody, and child support are governed by California law and cannot simply be predetermined in a prenup.

California treats prenuptial agreements for same-sex couples the same way it treats any other prenup. Skip the rules, and a judge may find all or part of the agreement unenforceable. Under California law, important considerations include:

• Full and fair disclosure of each other’s property, income, and debts, or a written waiver of further disclosure;
• At least seven calendar days between seeing the final agreement and signing it;
• Your own lawyer, or a valid written waiver giving up that right; and
• A real understanding of what the agreement does and voluntary execution of the agreement reached without pressure, fraud, or unfair advantage.

If you provide a written statement, it can waive your right to a lawyer for most of the agreement, but not for a spousal support provision. California requires independent counsel before a court will enforce a waiver of spousal support. Skipping this step is the fastest way to lose the protection you built.

A prenup is one part of a bigger plan. Once you’re married, review and update your will, estate planning documents, your beneficiary designations, and your healthcare directive. Make sure they reflect your marriage, not an outdated estate plan or a prior partnership.

Thoughtful marriage planning means your legal paperwork matches your real life. It should cover everything from your bank accounts to who makes medical decisions if you can’t make them yourself.

You don’t have to guess your way through a prenup or use a template built for someone else’s relationship. The Sands Law Group will sit down with you and your partner, listen to what matters most, and write an agreement that protects it.

The National Institute of Trial Lawyers named The Sands Law Group, APLC, as a Best Law Firm in America in 2025. Led by Thomas D. Sands, the firm serves clients of all backgrounds in English, Arabic, Hebrew, Spanish, and French. Schedule a free consultation today to start the conversation.

Can We Write Our Own Prenup Without a Lawyer?

California allows couples to draft their own prenuptial agreement. But a self-drafted prenup often misses key requirements, such as the seven-day signing rule. A mistake can later lead a judge to find the agreement unenforceable. That’s why most couples work with a lawyer to make it hold up.

Can a Prenup Keep My Partner’s Premarital Debt from Becoming Shared Debt?

Yes. A prenup can state that debt either of you brought into the marriage, such as student loans or a credit card balance, remains that partner’s own debt. California generally treats debt incurred before marriage as separate debt, but a prenup can clarify how you and your partner will handle existing and future debts.

What Happens to Our Domestic Partnership Agreement If We Marry?

A private domestic partnership agreement may continue to affect your rights after you marry, depending on its terms. Bring it to us before your wedding. We can review it, update it as needed, and ensure your new prenup and any older agreement work together without creating confusion.

Can We Sign a Prenup-Style Agreement After We’re Already Married?

Yes. California calls this a postnuptial agreement. It has its own rules for fairness and disclosure between spouses. If you missed the window before your wedding, you still have options to protect your property.