53% of Under-45 Couples Now Sign Prenups: 2026 Harris Poll

A Harris Poll of 2,148 U.S. adults released July 6, 2026 found that 53% of engaged or married Americans under age 45 have signed a prenuptial agreement — up from roughly 8% in the 1990s and about 20% of all married couples today. For California residents, this normalization matters because prenups here are governed by the Uniform Premarital Agreement Act (California Family Code § 1600 et seq.), which imposes strict validity requirements.

Key Facts

Why this matters legally

This poll confirms that prenuptial agreements have moved from the margins into mainstream financial planning for Americans under 45. The 53% figure reported by Bloomberg and The Harris Poll on July 6, 2026 represents roughly a sixfold jump from the estimated 8% prevalence of the 1990s. That surge changes the practical landscape for family law attorneys and courts, because a document that was once rare and often contested is now common, expected, and increasingly drafted with professional care.

The legal significance is straightforward: as more couples sign prenups, more courts will be asked to enforce them. A prenup is only as strong as its compliance with statutory requirements. In California, an agreement that fails the fairness and disclosure standards of Cal. Fam. Code § 1615 can be voided entirely, leaving the couple subject to default community property rules. Analysts cited later marriages, student debt, and a generation of adult children of divorce as the drivers — people who treat a prenuptial agreement as ordinary planning rather than a sign of distrust.

How California law handles this

California enforces prenuptial agreements under the Uniform Premarital Agreement Act, codified at Cal. Fam. Code § 1610 and following sections. To be valid, an agreement must be in writing and signed by both parties, and it must meet the enforceability standards of Cal. Fam. Code § 1615. Under that section, a prenup is unenforceable if a party did not sign voluntarily, or if the agreement was unconscionable when executed and that party did not receive fair and reasonable disclosure of the other's property and finances.

California adds protections that many states do not. Under Cal. Fam. Code § 1615(c), a prenup is deemed involuntary unless the party challenging it was represented by independent legal counsel at signing — or expressly waived counsel in a separate writing — and was given at least seven calendar days between first receiving the agreement and signing it. This seven-day rule is a hard timing requirement, not a suggestion. Provisions waiving spousal support face an additional hurdle: they are unenforceable if the waiving party was not represented by independent counsel, and even then a court may refuse to enforce a support waiver it finds unconscionable at the time of enforcement.

Because California is a community property state under Cal. Fam. Code § 760, earnings and assets acquired during marriage are presumptively divided 50/50 absent a valid agreement. A prenup is the primary tool couples use to opt out of that default — which is exactly why courts scrutinize these agreements closely. A postnuptial agreement, signed after the wedding, is governed by different fiduciary-duty rules; readers weighing timing can compare the two in our overview of postnuptial agreements.

Practical takeaways

The rising popularity of prenups makes it more important, not less, to get the details right. A poorly drafted agreement can be worse than none at all, because it creates false confidence that evaporates in court. Here are five concrete steps for California readers.

1. Build in at least seven days. Under Cal. Fam. Code § 1615(c), the party who did not draft the agreement must have a minimum of seven calendar days between first receiving the final version and signing it. Start the conversation months before the wedding, not the week of.

2. Retain independent counsel for each spouse. California treats an agreement as involuntary unless each party had their own lawyer or signed a separate written waiver. For any spousal-support waiver, independent counsel is effectively mandatory for enforceability.

3. Disclose everything in writing. Attach a full schedule of assets, debts, and income. Under Cal. Fam. Code § 1615, inadequate financial disclosure is a primary ground for voiding an agreement.

4. Avoid unconscionable terms. Courts can refuse to enforce provisions that were grossly one-sided at signing, and spousal-support waivers that are unconscionable at the time of divorce. Fair terms survive; lopsided ones invite litigation.

5. Map your next steps before you draft. A personalized divorce roadmap can help you understand how community property rules would apply in your situation, and whether a prenup or postnup fits your goals. If you need tailored guidance, you can find a divorce attorney in your county.

The headline number — 53% of under-45 couples with a prenup — reflects a cultural shift toward treating marriage as a partnership with clear financial ground rules. That shift is healthy, but it only protects you if the agreement is drafted to survive judicial review. In California, that means honoring the seven-day rule, securing independent counsel, and disclosing finances completely.

If you are engaged or recently married and considering a prenuptial or postnuptial agreement, a consultation with a qualified California family law attorney can help you understand which terms will actually hold up. Every family's finances are different, and the right structure depends on your specific assets, debts, and goals.

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.