Practice

Prenuptial Agreements

The conversation that strengthens your marriage before it begins. You’re marrying the love of your life — planning the wedding, dreaming about the future, building a life you both want. So why does everyone make prenups sound so… unromantic?

Here’s the truth: a premarital agreement isn’t about planning for failure. It’s the most honest, loving conversation you’ll ever have — while you’re still putting each other first.

The real problem nobody talks about

If you’re getting ready to say “I do,” you might be thinking:

  • “Aren’t prenups just for rich people?”
  • “Won’t bringing this up make my partner think I don’t trust them?”
  • “What will our families say — that we’re planning to divorce before we’re even married?”
  • “Isn’t marriage supposed to be about love, not legal contracts?”

You’re not alone — these exact worries are why most couples avoid the conversation until it’s too late. But here’s what most people miss: you already need a premarital agreement; you just don’t know it yet. Starting a business, building a career, buying property, managing student debt, even adopting a pet together — your financial lives are more intertwined than you think. Without a clear agreement, you’re leaving your future to chance.

Why now is actually the perfect time

Premarital agreements are drafted when you love each other most. Right now, you’re looking out for one another and want what’s best for each other. That makes this the ideal time to decide together — guided by love and mutual care, not conflict and division.

Think of it as insurance for your relationship. You’re not planning to use it — but you’re both protected, and that peace of mind is priceless.

Talk it through with Janet

No pressure, no obligation — just honest answers about whether a premarital agreement is right for you. Call or email, or send a note through our contact form.

Janet Gutierrez, Esq. — Founder & Managing Partner at Gutierrez & Associates

Meet Janet Gutierrez — your guide through this conversation

Janet isn’t the lawyer who hands you a boilerplate document and wishes you luck. As a professional herself and the founder of Gutierrez & Associates (2009), she understands what it takes to build something from the ground up — and the complexities of modern assets, from real estate to business ventures to cryptocurrency.

More importantly, she gets the emotional side of this conversation. As a Hispanic woman from a traditional family, she knows first-hand how heavy the cultural expectations around marriage and money can be in conservative and religious families — the stigma, and the fear that simply asking for a prenup might hurt the relationship you’re trying to protect. She’s guided many clients through exactly that.

That’s why she doesn’t just draft agreements — she helps you navigate the whole conversation, from talking with your partner to reassuring concerned family.

Credentials you can trust

Born and raised in Chula Vista, Janet graduated with honors from UC San Diego (2005) and earned her Juris Doctor from California Western School of Law (2009). Her work has been recognized repeatedly:

  • Voted Top 5 for Family Law by the San Diego Union-Tribune (2026)
  • Named one of San Diego’s Top Young Attorneys (2012, with nominations in 2013 and 2014)
  • Named San Diego’s Best for Bankruptcy Law by the San Diego Union-Tribune (2022)

What makes Janet’s approach different

She speaks your language — literally

Bilingual in Spanish, Janet can guide an already-sensitive conversation in whichever language feels most comfortable.

She’s seen what happens when couples don’t plan

Deep experience in both bankruptcy and divorce means she knows exactly what issues arise — and how to prevent them before they start.

She uses creative problem-solving

No one-size-fits-all templates. Janet crafts agreements that reflect your actual intentions, not generic boilerplate.

She makes legal matters less intimidating

Warm, approachable, and plain-spoken — she breaks complex concepts into language you can actually understand.

She uses technology for your convenience

A modern tech team keeps the process efficient. Everything can be done virtually, on your schedule.

She’s always available

Clear, frequent communication keeps you updated at every step — Janet responds to all client communication within 24 hours.

Real stories, real protection

The boilerplate agreement that almost ruined everything

One couple came to Janet after the bride-to-be received a prenup draft that made her deeply uncomfortable — it made her question her fiancé’s intentions. The truth? He’d simply been handed boilerplate by another attorney. Janet saw the problem immediately: as written, the couple would have had no community property, and the wife — planning to take time off to care for their child — would not have been entitled to spousal support. Janet worked with the other attorney to redraft it fairly, and the wedding went forward with both partners feeling secure and valued.

The two entrepreneurs who needed independence

A couple came to Janet — one starting her own practice, the other with an established business. Both were passionate about their work and wanted to build their futures together while knowing their individual careers were protected. Janet drafted an agreement making it crystal clear their businesses would remain their own separate property. They moved forward feeling empowered, not restricted.

The partner who was afraid to ask

One bride-to-be came to Janet feeling paralyzed — she knew she needed an agreement but was terrified to bring it up. Janet understood it immediately — the societal expectations, the conservative family views, the fear of being seen as untrusting. Together they built talking points that reframed the conversation — not about doubt, but about building a strong foundation. The couple got their agreement, later calling it exactly what Janet had described: insurance. Most importantly, the honest conversation brought them closer together.

What you get when you work with Janet

  • A free initial consultation. A no-pressure conversation where Janet discusses your situation, answers your questions, and helps you understand whether a premarital agreement is right for you. You’ll leave with a clear checklist and the steps to complete the process.
  • A process designed for both of you. Janet is happy to meet with both partners together initially. She’ll explain that while she can represent only one of you (the other will need independent counsel, as the law requires), she’s committed to a final agreement that’s fair and reflects both of your intentions.
  • Fast turnaround with legal protection. Once Janet has your documents and understands what you both want, she can draft your prenup in as little as 72 hours. California law requires specific waiting periods — including at least seven days between signing and your wedding — so she recommends starting at least a month before the date.

What your premarital agreement actually protects

  • Peace of mind, knowing you’re both protected
  • Clarity about what happens to assets, debts — even pets
  • Protection for your individual career growth and business ventures
  • Financial independence, no matter what the future holds
  • A stronger relationship, built on open and honest communication
  • Avoidance of costly, emotionally draining divorce proceedings later

The cost of waiting

Once you’re married, it’s too late for a premarital agreement. You can still get a postnuptial agreement, but the conversation becomes harder, the trust dynamics shift, and the process gets more complex. Right now, while you’re planning your future together with love and optimism, is the perfect time.

Ready to have the conversation that strengthens your marriage?

Talk through your situation, get honest answers, and leave with a clear roadmap — informed and empowered, never pressured. Bilingual services available in English and Spanish.