Did you know you cannot get a valid prenup the day before your wedding in California? Like any other contract, prenuptial agreements have legal requirements. Prenups are unique in that the parties are emotionally tied up (i.e., future spouses) instead of, say, business partners. Thus, prenups have their own special set of requirements (that vary from state to state) and are sometimes different from regular contract requirements. For example, the 7-day rule in California. Keep reading to learn all about the different prenup requirements and a deep dive into the 7-day rule.
What is a prenup?
First things first, let’s discuss what a prenup is and its purpose:
- Definition: A prenup is a contract between two people planning to marry. It outlines how assets, debts, and other matters will be handled if the marriage ends. Prenups are only effective once the couple gets married. No marriage? No prenup. Oh, and don’t forget to sign the prenup BEFORE the wedding day.
- Purpose: A prenup’s purpose is to create predetermined plans for divorce or death that can protect both partners financially and encourage open communication regarding money, goals, and expectations. A prenup overrides state default laws, allowing people to make their own rules as they pertain to their assets.
Takeaway: A prenup is an excellent tool to protect your finances from the unexpected. Just like you have car insurance for the “what-ifs,” prenups similarly protect you in whatever scenario life throws your way.
Prenup requirements in California
To ensure your prenuptial agreement is enforceable in California, it MUST meet specific legal requirements that are laid out by CA law. Failing to do so could leave you subject to California’s default divorce laws, which may not be in your favor.
Essential Requirements for a Valid California Prenup
- Written Agreement: The prenuptial agreement must be a written document. (No verbal agreements!)
- Signatures and Notarization: Both partners must sign, and the signatures must be notarized.
- Full Financial Disclosure: Each party must provide complete details of their assets, debts, income, and inheritances. No hiding anything! Hidden assets could get your prenup thrown out.
- Legal Counsel (With Exceptions): While lawyers aren’t mandatory as the baseline requirement, both partners must sign a waiver if choosing to proceed without them. However, a lawyer is required if the prenup alters spousal support rights in the prenup.
- Legal and Fair Terms: The agreement cannot contain illegal provisions or be grossly unfair to one party. For instance, one spouse is walking away with millions while the other is left destitute.
- No Coercion: Both partners must sign freely, without pressure or undue influence. No court is going to enforce an agreement that either party didn’t voluntarily sign.
- Crucial 7-Day Rule: California requires a 7-day waiting period between presenting the FINAL prenup and signing it. (More on this below!)
Takeaway: CA prenups have your basic prenup requirements that most states have (put it in writing, sign it, financial disclosure, etc.), but it also has unique rules such as requiring an attorney if you modify spousal support and the 7-day waiting period.
A deep dive into the “7-day rule”
The 7-day rule is simple: you must wait seven full calendar days between the FINAL VERSION of your agreement and the day you sign it.
Let’s use an example to demonstrate: John and Lisa make their final changes on May 1, 2024. The prenup is in its final form, and no additional changes will be made to it. They must now enter the 7-day waiting period before signing the agreement. They can sign their prenup on May 8, 2024 (although many attorneys recommend adding 1 more day as an added precaution, making the signing date May 9, 2024, though not necessary).
Section 1615 (c)(2)(B) of the California Family Code mandates a 7-day waiting period for all prenuptial agreements finalized after January 1, 2020.
Why the 7-day rule matters: The 7-day rule ensures both partners have time to carefully review the agreement, contemplate what they are signing, and seek legal advice if needed or desired.
What this means for your timeline: Start the prenup process early! Aim for at least 3-6 months before your wedding. Rushing at the last minute could lead to an invalid agreement if you can’t fulfill the 7-day rule.
An example of how the 7-day rule works in real life
John and Suzie finalized their prenup on February 26, 2024. This means their prenup was in its final form, and there were no more changes made after this day. They agreed that this was the version of the prenup that they were going to sign. Now, they enter the 7-day window. Their attorneys advise them that they may now sign the prenup on or after March 5, 2024. If you take a look at a calendar, you can see that there are seven full days between the finalization of the agreement and the date of signing. Some attorneys even recommend doing 8 days just to be safe, although that is not required.
What if you’re less than seven days out from your wedding, and you want to get a prenup?
Unfortunately, you would no longer be able to get a prenup at this time in California. That’s because of the 7-day rule requirement, and without it, you will not have a valid prenup.
If your wedding is less than 7 days away, then you have two options:
- Postpone: You can postpone the wedding and get the prenup done with all of the necessary California requirements, like the seven-day rule or
- Postnup: You can possibly look into getting a postnuptial agreement (a.k.a. postnup). This is similar to a prenup but is done after the wedding.
Again, it is highly recommended that you begin the prenup-making process three to six months before the wedding day to avoid this type of pitfall. Prenups can take some time due to ongoing discussions, negotiations, and legal questions you may have. Don’t wait and miss your chance!
The bottom line
California law is strict about this: a prenup is only valid if both partners have at least 7 full calendar days to review the FINAL agreement before signing. This ensures both parties fully understand and agree to the terms.
How HelloPrenup Helps: Our platform guides you through creating a California-compliant prenup, ensuring the 7-day rule is factored in. In addition, we offer flat-rate, discounted attorney services from vetted California attorneys in case you want (or need) assistance from an attorney.
Raymond Hekmat’s practice of law has been devoted exclusively to areas of California family law focusing on prenuptial agreements, divorce consulting and mediation, since earning his Juris Doctorate degree from Loyola Law School in 2009. During his tenure at Loyola, Raymond was President of the Evening Bar Association, and was awarded the Alumni Association Governors’ Alumni Award. While earning his degree, Raymond worked as a law clerk, and later an associate, for a Beverly Hills family law firm. Prior to founding HLM, Raymond’s practice involved complex family law litigation involving high-asset property division, complex custody litigation, jurisdictional issues, division of community estates and prenuptial agreements.
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