Is this where you are?
The wedding date is set and one of you owns a home or far more savings
One of you bought a home before the marriage, or has much larger savings. Without an agreement, how you pay the mortgage and save during the marriage can become a dispute at divorce. You want to set the rules now, but do not know how to raise it.
One of you owns a business, or holds stock or options
The company was started before the marriage and keeps growing afterward. Or you hold startup shares and options that have not yet been cashed out. If this is not discussed before the wedding, it is hard to settle afterward.
One or both of you have property, savings, or a company in China
Whether to list China assets in the agreement, and whether the agreement will be recognized there, is the most common question for cross-border couples. A California agreement does not control registries in China, so it needs to be reviewed together with counsel there.
A second marriage, or children from a prior marriage
You want your property to go to your children from an earlier marriage, or your parents have said they will give you a home or leave you an inheritance and you want that treated as your separate property.
The other side's lawyer sent you an English prenup
An English document was drafted by your partner's attorney and you are asked to sign before the wedding. You read English with difficulty, have no lawyer of your own, and are not sure what you would be giving up.
You are already married and want an agreement now
You did not sign a prenup, but a new business, an inheritance, a home purchase, or a change in the family makes you want ownership in writing. The rules for an agreement signed during the marriage differ from a prenup and call for more care.
What we handle
We represent one spouse at a time. The other side needs their own lawyer, which is also one of the conditions for the agreement to be enforceable later.
Deciding whether to sign and what to cover
We first learn about both sides' assets, debts, business, and family, tell you what an agreement can and cannot do, and help you decide whether it is worth it.
Drafting a prenuptial agreement
Drafted around your situation: who owns premarital property and marital income, how a business and stock are treated, how a home is counted, how property is divided on separation or divorce, and what happens if one of you dies (§1612(a)).
Reviewing the agreement you were given
When the other side's lawyer sends a draft, we act as your independent counsel, go through it clause by clause, flag the terms that work against you, and negotiate changes with their lawyer if needed.
Financial disclosure schedules
We help you assemble lists of property, accounts, business interests, stock and options, and debts, attached to the agreement, so that incomplete disclosure does not become a dispute later.
Chinese explanation and translation
The agreement is in English; we provide a Chinese explanation and go through it with you. If you want a full Chinese translation, we arrange it separately and note at signing that you understood the document.
Coordinating with your trust and will
If the agreement addresses what happens when one of you dies, it must line up with your living trust and will. We can check them together so they do not contradict each other.
Flags for assets in China
When there is property, savings, or a company in China, we list the questions to confirm with counsel there and work with them.
Postnuptial agreements, amendments, and revocation
We handle a postnuptial agreement for a couple already married, and amendments or revocation of an existing prenup.
California law essentials
These points follow California's Uniform Premarital Agreement Act (Family Code §1600 et seq.) and the amendments that apply from January 1, 2020. Whether they apply depends on your facts.
- It must be written and signed by both, and takes effect at marriage：A premarital agreement must be in writing and signed by both parties, and needs no consideration (Family Code §1611). It takes effect on marriage (§1613), so if the wedding does not happen, it does nothing. A verbal understanding is not a premarital agreement.
- Agreements signed since 2020: at least 7 calendar days：For agreements signed on or after January 1, 2020, the party against whom it is enforced must have had at least 7 calendar days between first being presented with the final agreement and signing (§1615(c)(2)). This applies even to a party who has a lawyer. An agreement handed over a day or two before the wedding risks being set aside.
- Independent counsel, or a separate written waiver：In deciding whether signing was voluntary, a court looks at whether the party had independent legal counsel when signing, or, after being advised to seek counsel, expressly waived it in a separate writing (§1615(c)(1)). One lawyer cannot represent both of you. We represent only one.
- A party without a lawyer must be able to understand the document：If a party has no lawyer, the terms and the rights being given up must be explained in writing, and that party must be proficient in the language of the explanation and the language in which the agreement is written (§1615(c)(3)). Asking someone who reads only Chinese to sign an English agreement is where problems most often start.
- Child support cannot be waived by agreement：A premarital agreement cannot adversely affect a child's right to support (§1612(b)). Child support is set by the court based on circumstances at the time, and a figure written before the wedding does not bind the court. Custody and visitation are likewise decided by the court in the child's best interests.
- Waiving spousal support has extra limits：A provision limiting or waiving spousal support is not enforceable if the party it is enforced against had no independent counsel at signing. Even with counsel, it may not be enforced if it is unconscionable when enforcement is sought (§1612(c)). This differs from ordinary property terms.
- Incomplete disclosure can sink the agreement：An agreement is not enforceable if it was not signed voluntarily. It is also unenforceable if it was unconscionable when signed and the party did not receive fair and reasonable disclosure, did not waive disclosure in writing, and did not have adequate knowledge of the other's finances (§1615(a)). Listing each side's assets and debts is what makes an agreement hold up.
How it works with us
Understand both of you and the wedding date
A call or WeChat conversation: when the wedding is, what each of you owns, what you want to resolve, and whether the other side has a lawyer. Then we tell you how much time you need.
A timeline worked back from the wedding
The law requires at least 7 calendar days before signing, and drafting, negotiation between the lawyers, and translation take time on top of that. We work out the latest date to start, so it is not left to the week before the wedding.
Draft or review, explained in Chinese
We draft the document, or review the version you were given. What each clause means and what you are giving up is explained in Chinese, and we move on after you confirm.
Disclosure and negotiation between counsel
Disclosure schedules are prepared and exchanged, and we negotiate terms with the other side's lawyer. If terms change, we leave enough time for you to read the final version again.
Signing, and keeping the documents safe
We arrange signing and notarization where appropriate, and remind you to keep the signed agreement and the schedules. If property or family circumstances change after the marriage, you come back to amend it.
Fees
Hourly for drafting, review, and negotiation
A prenup is negotiated and revised, so the work is hard to size in advance and is billed hourly. The rate and an estimate are given in writing at engagement, with itemized bills sent monthly.
Fixed fee by stage for defined work
Reviewing a finished agreement, or drafting one with a clear scope and no disagreement between you, can be quoted as a fixed fee by stage and written into the engagement agreement.
- We represent only one spouse. The other side is responsible for their own lawyer and fees and should retain separate counsel.
- Notary fees, translation fees, and appraiser or accountant fees are separate, and we tell you before they are incurred.
- Questions involving assets in China may require separate counsel there. The fee method and scope of work are written into the engagement agreement, and you can ask about each term before you sign.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
