Legal Requirements for Establishing a Preupital Agreement in California

divorce attorneyOne of the more common questions that people ask us about here at Rubin & Levavi, P.C. involves the requirements for establishing a prenuptial agreement in California, so we thought we would spend some time discussing this issue.

It’s no surprise to hear this question asked frequently, as California is particularly strict when it comes to establishing prenuptial agreements. There are several guidelines that need to be followed in order for a prenuptial agreement to be enforceable

Independent Representation

California demands that both spouses have independent legal representation when seeking to establish a prenuptial agreement. The state allows for a waiver, but this requires additional documentation and the party who chooses to go without independent representation must be presented with a detailed, written agreement that outlines all terms and conditions.

Time To Mull It Over

Both parties need to be granted at least seven (7) days to study the arrangement in order to ensure that they are on the same page before the agreement becomes legally binding. If either party was not permitted the legally-required timeframe to mull over the agreement, then it is not legally enforceable.

Disclosure of All Assets and Liabilities

In addition, both parties must disclose all of their assets and liabilities in the agreement itself. This ensures that there are no surprises, and that both parties know exactly what they are getting into.

These are some of the main requirements that California has established for couples seeking to arrange a prenuptial agreement. At Rubin & Levavi, P.C., we are more than happy to provide you with more in-depth assistance with all family law and divorce matters. Call us at (415) 564-2776 today to speak with a family law professional.