A Harris poll of 2,148 U.S. adults released July 6, 2026 found that 53% of engaged or married Americans under 45 report signing a prenuptial agreement — a nearly sevenfold jump from the roughly 8% baseline of the 1990s. The surge arrives as the U.S. marriage-to-divorce ratio hit 2.42 in 2024, the highest the American Community Survey has recorded since 2008.
Key Facts
| Detail | Data |
|---|---|
| What happened | Harris poll found 53% of engaged/married adults under 45 signed a prenup |
| When | Poll released July 6, 2026 (survey of 2,148 U.S. adults) |
| Where | Nationwide, with analysis of CA, NY, TX, FL, IL |
| Who's affected | Engaged and newly married Americans, especially those under 45 |
| Key statute (CA) | Cal. Fam. Code § 1615 (UPAA enforceability) |
| Impact | Prenups moving from niche to mainstream; enforceability standards matter more than ever |
The report, published by prenup platform First and drawn from a Bloomberg-Harris Poll dataset, frames the prenup boom against a broader marriage stability signal: a marriage-to-divorce ratio of 2.42 means roughly 2.42 marriages occurred for every divorce in 2024 — the strongest ratio the Census Bureau's American Community Survey has logged since it began tracking in 2008.
Why this matters legally
Prenuptial agreements have crossed from the fringe to the mainstream, and that shift changes the legal risk calculus for every engaged couple. When only 8% of couples signed prenups in the 1990s, a prenup could signal distrust or unusual wealth. In 2026, with a majority of under-45 couples signing them, courts, attorneys, and spouses increasingly treat prenups as standard financial planning rather than a red flag.
The practical consequence: enforceability disputes will rise as the raw number of agreements grows. A prenup only protects you if it survives judicial scrutiny. Under the Uniform Premarital Agreement Act — adopted in California, Texas, Illinois, and 25 other states — a prenup can be invalidated for lack of voluntary consent, absence of full financial disclosure, or unconscionability at the time of signing. As more couples draft agreements, more will discover at divorce that a defective prenup provides no protection at all. Learn the fundamentals of prenuptial agreements before you sign anything.
How California law handles this
California enforces prenuptial agreements under Cal. Fam. Code § 1615, but imposes some of the strictest procedural safeguards in the nation. A California prenup is presumed involuntary — and therefore unenforceable — unless the challenged party had at least seven calendar days between receiving the final agreement and signing it, per Cal. Fam. Code § 1615(c). This seven-day rule, added after the landmark case involving baseball player Barry Bonds, exists to prevent last-minute pressure before a wedding.
California also requires that each party either be represented by independent counsel or expressly waive that right in a separate signed writing, and that full disclosure of assets and debts occur before signing. Spousal support waivers face heightened review: under Cal. Fam. Code § 1612, a waiver of spousal support is unenforceable if the waiving party was not represented by independent counsel, or if the waiver is unconscionable at the time of enforcement. Because California is a community property state under Cal. Fam. Code § 760, a valid prenup is the primary tool couples use to opt out of the default 50/50 division of marital earnings and acquisitions.
Couples considering an agreement after marriage should note that California also recognizes postnuptial agreements, though these carry a heightened fiduciary duty because spouses owe each other the highest good faith once married.
Practical takeaways
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Start early. California's seven-day review window under Cal. Fam. Code § 1615(c) is a floor, not a target. Finalize your agreement at least 30 days before the wedding so neither party can later claim duress.
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Get independent counsel for each spouse. A single attorney cannot represent both parties. Separate representation is the single strongest defense against a later voluntariness challenge, and it is effectively required to waive spousal support.
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Disclose everything in writing. Attach a full schedule of assets, debts, and income to the agreement. Hidden accounts or understated values are the most common basis for invalidation.
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Understand what a prenup cannot do. In California, prenups cannot predetermine child custody or child support — those are decided by the court under the child's best-interest standard regardless of any agreement.
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Model the financial stakes first. Before negotiating terms, use our divorce cost estimator for California and review your likely divorce timeline so you understand the value of what you are protecting.
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Revisit after major changes. A prenup signed before a business launch or inheritance may no longer reflect reality. Periodic review keeps the agreement aligned with your circumstances.
The 53% figure signals a cultural shift, but statistics do not enforce agreements — proper drafting does. If you are engaged and weighing a prenup, or facing divorce with an existing agreement you are unsure about, building a personalized divorce roadmap can help you understand your options, and you can find a California divorce attorney to review your specific situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.