What to Know About Prenuptial Agreements : Part 5
Under California Law, a prenup agreement is not enforceable if one party did not execute the agreement voluntarily. One of the requirements for executing an agreement voluntarily under California Family Code Section 1615(c)(2)(B) is a seven (7) day waiting requirement. In order for your agreement to be enforceable and legally binding, you MUST comply with this provision.
So what is the seven day waiting requirement and why is it important? The seven day waiting requirement is a mandatory requirement that both parties wait at least seven (7) calendar days between the time they were presented with the final version of the prenup agreement and the time the agreement was signed, regardless of whether the party is represented by counsel. This is important because if you don’t comply with the seven (7) day provision, your prenup is not enforceable and legally binding (meaning, your agreement will not hold up in Court and the terms will not be followed by the Court).
If both parties are going to invest a large amount of time and money into getting a prenup, you want to make sure your prenup will be legally binding. In order to ensure that your prenup is legally binding, we recommend waiting at least ten (10) calendar days between the time the parties are first presented with the final version of the agreement and the time the agreement was signed. The reason to wait a few extra days is to ensure that a lawyer, your spouse or the Court, doesn’t try to set aside your agreement in the future because you were close to but did not wait the entire seven (7) day period.
If you are considering getting a prenuptial agreement there are a number of other things you should do to ensure your prenuptial agreement is going to hold up in Court.
If you have questions about what steps you should take or have other questions you would like answered, please Contact Us for a free 30 minute consultation at 619-398-3468. We would be happy to help you.
Attorney Jeffrey P. Mach, Jr. is a Certified Family Law Specialist in the state of California. Mr. Mach is not a specialist in any other state.
Information provided on our website does not constitute legal advice. This blog and video are strictly for informational purposes and not for the purpose of providing legal advice. Please be advised, the law is constantly changing. If you need legal advice, please contact your lawyer and they can answer your legal questions with respect to a particular issue or problem. Nothing posted or anything herein forms an attorney-client relationship. This a communication/solicitation/advertisement. Mach Law does not make any guarantees, warranties, or predictions regarding the result of representation.