Because prenuptial agreements can significantly affect each spouse’s legal rights, California law imposes strict requirements to ensure that these agreements are entered into knowingly, voluntarily, and fairly. Understanding these requirements helps set expectations for the process and supports the enforceability of the agreement.
Full and accurate financial disclosure by both parties is another essential requirement. Each person must disclose all assets and debts, including bank accounts, real property, retirement accounts, investments, and liabilities. California law imposes serious consequences for intentional nondisclosure, which can include invalidating part or all of the agreement or awarding the undisclosed asset to the other spouse in the event of divorce. Complete transparency at this stage is critical to creating a valid and enforceable prenuptial agreement.
California law requires that each party to a prenuptial agreement either be represented by independent legal counsel or formally waive the right to counsel in a separate written document. However, if a prenuptial agreement includes provisions that alter or waive spousal support or inheritance rights, both parties are required by law to have independent legal counsel, and this requirement cannot be waived. Even when independent counsel is not strictly required, it is strongly recommended for both parties in order to ensure that each person fully understands the agreement and to reduce the risk of future challenges to its validity.
California also requires that each party be given adequate time to review the agreement before signing. This includes a mandatory seven-day review period, which is intended to allow sufficient time for consideration, discussion, and any requested revisions. While there has been some legal debate about when this seven-day period begins, best practice is to allow at least seven days from the time the final version of the agreement is provided before it is signed.
