A Prenuptial Agreement, otherwise known as a prenup, can often protect you and your assets from falling prey to your spouse. A prenuptial agreement is an agreement entered by two
individuals prior to being legally married. Interestingly enough, a prenuptial agreement does not become effective until after you and your spouse are legally married. Although anyone can draft their own prenuptial agreement, without an attorney or legal background, it can often be very easy to draft up an unenforceable agreement.
So how do I know when if my prenuptial agreement is valid? In California, the guidelines for drafting a prenuptial agreement are generally based on Family Code Section 1610 to 1617. Generally the following requirements are necessary to have an effective and operable prenuptial agreement:
- Prenuptial Agreements must be in writing and signed by both parties [Family Code 1611].
- Each party entering into a Prenuptial Agreement must have adequate time to review and sign the agreement. For Prenuptial Agreements executed on or after January 1, 2020,
California requires the requesting party to advise the other party to seek independent legal counsel and sign the agreement in no less than seven days. This means that a Prenuptial Agreement will not be valid if you sign it less than seven days before your wedding. [Family Code 1615(c)(2)(B)].
- Your prenuptial agreement cannot include unconscionable term.
- Be free from duress, false pretenses, or manipulation.
- Failure to Disclose Assets or Debts.
- Cannot promote or encourage dissolution.
If you are considering drafting a prenuptial agreement or simply wish to ensure its enforceability in the event of a dissolution, please reach out to our office to discuss. Our many experienced attorneys will be more than willing to assist you.