San Diego · California Prenuptial Agreements
Plan thoughtfully for marriage—not for a fight.
A prenuptial agreement can protect what matters while respecting the relationship you are building. Scott Levin helps clients create clear, tailored agreements through individual representation or a collaborative mediation process.
Choose how you want to work
A prenup doesn't have to feel cold or adversarial
For many couples the hard part isn't deciding what goes in the agreement. It's talking about it without creating fear, resentment, or a sense that one person is on the back foot.
Scott Levin offers two ways to do it, and you choose the one that suits you. Most firms only offer one: a lawyer for one side. Because Scott has spent years as a mediator, he can also work with you as a couple. It's the same flat fee either way.
You work on it together
Scott stays neutral and helps both of you decide what's fair. You sit down with him, work through the issues, and he writes one agreement that you both understand and agree to. It's usually calmer and faster, and it starts your marriage as a team.
Best for: couples who want to decide things together and keep trust intact along the way.
Because he's neutral, Scott can't give either of you personal legal advice. Each of you should have your own attorney review the draft before signing. It protects the agreement, and he's happy to suggest names.
Scott represents you alone
Prefer someone firmly in your corner? Scott advises only you, negotiates with your partner's lawyer, and makes sure the agreement protects your business, your family property, or your future inheritance.
Best for: anyone who wants independent advice from a lawyer who works only for them, especially with a business, significant assets, or a big gap in what each person brings.
Prenup mediation
Prenup Mediation for Couples
Some couples would rather write their prenup together than hand it to two opposing lawyers. If that sounds like you, Scott can sit in the middle.
You'll both be in the room, and he'll keep the conversation moving through the topics that matter: who owns what, what happens to a business or an inheritance, whether support is part of the deal, and what should change if your lives do. Nobody has to argue a case. You just have to be honest about what you want.
By the end, you'll have an agreement you built together, and you'll both understand every line of it.
Can the two of us work with Scott together?
Yes. As your mediator, Scott stays neutral. He explains the legal and money side of each decision so you're both choosing with open eyes, then drafts the agreement from what you decide.
Because he's neutral, Scott can't act as either person's lawyer. That's why he asks each of you to have your own attorney read the final draft before you sign. A prenup that's been independently reviewed is fairer, and it's much harder to challenge later.
Already have a draft? Scott can review it too. Call for a flat-fee quote.
“My husband and I worked with Scott to mediate our prenuptial agreement. We were on a relatively tight timeline due to personal circumstances. Scott was very helpful and willing to accommodate throughout the whole process. He gave us full peace of mind and expedited the process wherever needed to ensure we were completing each step thoroughly and on time. Scott helped to reduce any stress associated and was very helpful during the mediation process. He was also very kind and pleasant to speak to. He even sent us a congratulatory message after we got married, which was so nice. I would highly recommend his services!”
ShadiPrenup Mediation Client · Google review
Experience you can use
Divorce-Informed Prenup Guidance
Scott Levin has mediated thousands of family matters and drafted or reviewed hundreds of prenups. He has seen how prenup language holds up, and where it doesn't, once a marriage actually ends.
Most prenups look fine on signing day. The trouble shows up years later. Here are a few places where clear wording matters most, and what Scott does about them.
Separate property that grows
Where it goes wrong
The agreement says a home or account stays separate, but not what happens to its growth, or to a mortgage paid from joint earnings. Each spouse reads it differently.
A clearer approach
Spell out who owns the growth, and whether paying the mortgage with marital income earns the other spouse any credit.
The value of a business
Where it goes wrong
"Increase in value" is never defined, so nobody agrees how to measure what the business is worth or what each spouse's work added.
A clearer approach
Name the valuation method up front, and say who decides and how.
Spousal support waivers
Where it goes wrong
A waiver that made sense at 28 can look very different at 45, after children or a career change. Courts review these closely.
A clearer approach
Consider ranges, step-downs, or review points, and make sure the person giving up support has their own lawyer.
Mixed-up money
Where it goes wrong
Separate funds move into a joint account and get spent on the household. Later, nobody can prove what belonged to whom.
A clearer approach
Set simple rules for accounts and record-keeping from day one.
Being a CDFA® as well as an attorney, Scott can also show you what each clause does to the numbers, not just what it says. Clarity first. Then negotiation.
Everything Scott shares is general and anonymous, and he never identifies a client. Every couple's facts are different, so this is guidance based on experience, not a promise of how a court will rule.
What it costs
Straight answers on price
You'll know the cost before you start. Drafting is a flat fee, whether Scott is your attorney or your mediator.
| Drafting a prenup | $4,500 flat | Full agreement, negotiation, and revisions. Scott doesn't bill hourly for drafting, so a long back-and-forth doesn't cost you more. |
|---|---|---|
| Reviewing a prenup | $475 / hour | Got a draft from your partner's lawyer? Scott will explain it in plain English and tell you what to push back on. He rarely spends more than 10 hours on a review. |
Complicated situation, like a business, stock compensation, or property in another state? Bring it up on the free consultation so nothing changes on you later.
“Scott helped me out reviewing a prenup that I was sure I wasn't going to alter, but he advised me of a couple things that turned out to be very helpful. His fee was very reasonable. He was professional, punctual, knowledgeable, and helpful not to mention easy to talk to. I'd like to say I'd use his services in the future but that would mean I'd be getting a divorce. Ha! Kidding aside, yes for sure I would use him again!”
Prenup Review ClientGoogle review
What a prenup does
What you can cover, and what you can't
California lets couples decide a lot in advance. It doesn't let you decide everything, and it's better to know that now.
Things a prenup can settle
- Which property stays yours (separate) and which becomes shared (community), including future earnings.
- Homes and real estate you own now or buy later, and who handles the mortgage.
- A business or professional practice: ownership, growth, and what each person's work contributes.
- Debts you bring in, like student loans, and who's responsible for debts taken on during the marriage.
- Whether spousal support is paid, how much, and for how long.
- Inheritances, children from a prior relationship, trusts, and what happens to property if one of you dies.
Things it can't
- Child support. A court decides that based on the children's needs at the time.
- Child custody or parenting time.
- Anything illegal, or terms that were signed under pressure.
A spousal support waiver is the one most likely to be challenged later. California courts look closely at it, and it holds up best when both people had their own lawyer (see Family Code § 1612). That's a big reason Scott recommends independent review, even on mediated prenups.
Why couples do it
The real benefit isn't divorce protection. It's peace of mind.
You know what happens if things go wrong
Without a prenup, California law decides for you, and the outcome may not match what either of you would have chosen. A prenup lets you set fair rules while you still like each other.
You stop guessing about money
Couples who've talked openly about debts, savings, and expectations before the wedding tend to argue less about them after. Many of Scott's clients say the conversation was the best part.
How it works
From first call to signed agreement
Start a few months before the wedding if you can, and no later than six to eight weeks. A prenup shouldn't be handed over at the last minute, and California requires a waiting period before signing.
Free consultation
You talk through your situation, your goals, and which way of working fits. You leave knowing the cost and the timeline.
Share your finances
Each of you lists income, assets, and debts. Full disclosure is what keeps a prenup enforceable.
Draft and refine
Scott writes it in plain language, and you adjust it until it feels right.
Independent review
Each partner has a lawyer look it over. It's the step that most protects the agreement later.
Sign, at least 7 days after the final draft
California requires a minimum of seven days between receiving the final agreement and signing it. Plan for it and the signing is calm and unhurried.
For agreements signed on or after January 1, 2020, California generally requires at least seven calendar days between receiving the final agreement and signing it (Family Code § 1615). Spousal support terms need extra care, including independent counsel for the person against whom the term might later be enforced. This is general information, and what applies to your agreement depends on its terms and circumstances.
What clients say
Kind words from people Scott has worked with
Reviews from prenup clients on Google.
“Scott helped with my prenuptial agreement. Throughout the process he was readily available and always got back to me quick when I had questions. He worked with what I wanted and added some good tips that I would have never thought of myself. Genuine person who wanted the best for my partner and I. Was a smooth process and would definitely recommend !”
RyanPrenup Drafting Client · Google review
“I cannot recommend Scott Levin highly enough. He was such an incredible advocate for me throughout the review of my prenuptial agreement. From our first consultation, he took the time to thoroughly explain every detail, answer my questions honestly, and make sure I understood all of my options. … He provided straightforward, honest advice without ever pressuring me in one direction. He respected my decisions, supported my goals, and made me feel confident that my interests were being protected every step of the way. … I would wholeheartedly recommend Scott Levin”
MinjuPrenup Review Client · Google review
“I had an excellent experience with Scott reviewing my prenuptial agreement. The process was very efficient from start to finish and took less than three weeks. He provided smart, honest advice, was respectful of my choices, and incredibly helpful throughout. What stood out most was his empathy and professionalism. He also offers mediation services for couples, which reflects his thoughtful and balanced approach. I hope I won't need his services again, but if I do, I would contact him again without hesitation. Highly recommended.”
MCPrenup Review Client · Google review
More kind words
Hear from more of our clients
Common questions
San Diego Prenup FAQs
Is a prenup only for wealthy people?
No. Prenups are useful anytime one of you has a business, a home, a retirement account, student debt, or family property you want to keep clear. They're also useful when one of you earns much more than the other.
Will asking for a prenup hurt our relationship?
It can feel awkward at first, but it usually brings couples closer. Working it out with a neutral person in the room keeps it from feeling like one of you is against the other.
Is a California prenup really enforceable?
Yes, when it's done right. Both people need to have signed voluntarily, with full disclosure of finances and enough time to think about it, including the seven-day waiting period. Having independent lawyers involved makes it stronger still.
Does each of us need a separate lawyer?
California allows an informed written waiver of counsel in some circumstances, but separate legal advice is usually worth having, and special rules apply to spousal support terms. If Scott is your attorney, your partner should have their own. If he is your mediator, he'll ask each of you to have a lawyer look it over. He'll explain how the rules apply to your agreement.
Can Scott represent both of us?
No. One lawyer can't represent two people whose interests may differ. What Scott can do is represent one of you, or act as a neutral mediator who helps you both work through the decisions and drafts one agreement from what you decide. In mediation, each of you should have your own lawyer review the final draft before you sign.
How much does a prenup cost in San Diego?
Scott Levin's flat fee to draft a prenup is $4,500, whether he is your mediator or your attorney. Reviewing a prenup someone else drafted is $475 an hour, and he rarely spends more than 10 hours on it.
How long does it take?
It depends on how complex your finances are, how quickly you gather information, how much there is to negotiate, and how long independent review takes. Many prenups take around a month, but starting a few months before the wedding removes the pressure. Scott will give you a realistic timeline once he knows your wedding date.
Can we change or cancel it after we're married?
Yes. Both of you can agree in writing to change or end it whenever your lives change.
What if we're already married?
A postnuptial agreement works much like a prenup and can be a good fit. Call Scott and talk through your situation.
What if my partner won't sign?
That's more common than you'd think, and it's often about fear or feeling pressured. A calm, neutral setting helps. Scott can talk through how to raise it on the free consultation.
About the attorney
Scott Levin, Esq., CDFA®
Scott Levin is a San Diego family law attorney, mediator, and Certified Divorce Financial Analyst who founded San Diego Divorce Mediation & Family Law. He works only in California family law, with more than 20 years of experience and a practice built on helping couples reach fair agreements without turning them into opponents.
California State Bar No. 234458. Page reviewed by Scott Levin on . General information, not legal advice.
Let's have the money talk, the easy way.
Book a free consultation and leave knowing exactly how your prenup would work, what it would cost, and how long it would take.
San Diego Divorce Mediation & Family Law · 9820 Willow Creek Road, Suite 410, San Diego, CA 92131