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California Prenuptial Agreement
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California at a glance: Mandatory 7-Day Waiting Rule: 7 days minimum between presentation and signing (Fam. Code § 1615) · Alimony Waiver Rule: Requires independent legal counsel for both spouses (Fam. Code § 1612) · Governing Law: California Family Code § 1600
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Overview
Prenuptial Agreements in California
California prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA - Cal. Fam. Code § 1600, et seq.).
California enforces a mandatory "7-day rule" (the agreement must be presented to a party at least 7 days before it is signed). Additionally, any waiver or limitation of spousal support (alimony) is strictly unenforceable unless the party waiving it was represented by independent legal counsel at the time of signing (Cal. Fam. Code § 1612).
Key Facts
California Prenuptial Agreement — Quick Reference
| Requirement | California Rule |
|---|---|
| Mandatory 7-Day Waiting Rule | 7 days minimum between presentation and signing (Fam. Code § 1615) |
| Alimony Waiver Rule | Requires independent legal counsel for both spouses (Fam. Code § 1612) |
| Governing Law | California Family Code § 1600 |
Legal Requirements
California Legal Requirements
- The final agreement must be provided to both parties at least 7 calendar days before execution.
- Independent legal counsel is required for either spouse waiving or limiting spousal support.
Governing Laws
California Governing Laws
Cal. Fam. Code § 1612
Permissible Subjects of Agreement
Restricts spousal support waivers to represented parties and bans child support waivers.
Cal. Fam. Code § 1615
Enforceability
Details voluntariness requirements, including the mandatory 7-day waiting period.
Read the full text of these laws at Cornell Law School's California legal resources or your state legislature's official website.
Questions & Answers
California Prenuptial Agreement — Frequently Asked Questions
What is the California 7-day rule for prenups?
It is a statutory rule requiring that a party have the final draft of the prenup for at least 7 days before signing it. If signed sooner, it is presumed involuntary and void.