Seven Facts Everyone Needs to Know About Marriage and
​State Registered Domestic Partnerships in California 

Be informed. Never sign a contract without understanding its terms.

Below are a few surprising facts about this California “default prenup” (the marriage license in California):
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1. A marriage license is the only license you don’t have to study for: A marriage license is a contract-like agreement that has serious implications for your life. Yet you can sign it, and most people do sign it, without knowing the terms. You owe it to yourself to find out what the marriage license entails, so you can make informed decisions that are right for you and your unique family. 
   
2. Marriage is a financial agreement: The marriage ceremony is romantic, builds community and family, and bonds your hearts. The marriage license you sign is a financial agreement. Via the marriage license, you and your partner agree to share your resources in accordance with family law provisions.
3.  You are signing a “prenup” when you legally marry:  If you marry without a prenup and live in California, you are signing the State of California’s cookie-cutter financial agreement, the “default prenup.” For some couples this default prenup works; for other couples it doesn’t. 
4. A state registered domestic partnership is just as legally impactful as a marriage:  The differences between a state registered domestic partnership and a marriage are on the federal level. On the state level (the state defines most of your default prenup), a state registered domestic partnership and marriage are almost identical. 
5. Items don’t necessarily go by name: If you don't have a prenup, and you buy a car while married, using money you earned during the marriage, and put only your name on the car - it still belongs to you both. The same goes for retirement account contributions during marriage, or a business started during marriage. These are just a few examples. This is counter-intuitive to many people. During marriage, the source of funds matters much more than the name on any one item or asset. 
6. Getting married doesn’t mean all is 50/50: People often hear about the 50/50 rule, but don’t know when and how it applies (and when and how it doesn’t). Getting married doesn’t automatically turn all you had before marriage into community property. However, often, just keeping something you had before in your own name is also not enough to keep it yours. 
7. Alimony: If you were to divorce, the higher earner generally pays the lower earner monthly payments for approximately half the length of the marriage, possibly longer. 

With a prenup, you and your partner get to write your own rules about how to live your financial lives together. We support couples like you who do marriage your way. Our Course gives you the tools to navigate the prenup process effectively and with heart, reducing the cost and creating a prenup that truly works for you both.

Preview our full Prenups with Heart Guide Outline here. 
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If your wedding is right around the corner, please consider blocking off some time and jumping into our full Prenups with Heart Guide right away. You will be more informed and have more agency in your next steps.

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