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How Do I Know If My California Prenuptial Agreement Is Valid?

May 15, 2024, In Prenuptial Agreements

At WHITMARSH FAMILY LAW, PC, our Los Angeles family lawyer knows that a prenuptial agreement might seem unromantic on the surface. However, it is a practical tool that can provide security and clarity, benefiting both parties in the long run. Having a prenuptial agreement can provide peace of mind, knowing that both parties have a mutual understanding and agreement on critical financial matters, which can strengthen the relationship.

The question becomes, how do you know this vital document is enforceable? Should you ever need to enforce it?

Consulting with our skilled Los Angeles County family law attorney can help ensure the prenup is fair, enforceable, and tailored to your circumstances. Here, we discuss what California residents need to know about the legalities of prenuptial agreements.

Specific Requirements that Make a Prenuptial Agreement Valid in California

What are the Specific Requirements that Make a Prenuptial Agreement Valid in California?

In California, prenuptial agreements must meet specific requirements to be valid.

Here are the key factors:

  • The prenuptial agreement must be in writing. Oral prenuptial agreements are not enforceable.
  • Both parties must have signed the agreement voluntarily. There should be no evidence of coercion, duress, or undue influence.
  • Before signing the agreement, both parties must fully disclose their assets, debts, income, and other relevant financial information.
  • Each party should ideally have independent legal counsel. If one party does not have a lawyer, they must sign a waiver acknowledging that they were advised to seek independent legal counsel but chose not to.
  • There must be at least seven days between the first presentation of the prenuptial agreement and the time it is signed.
  • The agreement should not be excessive or highly one-sided. Courts will scrutinize agreements that appear unfair or leave one party in a significantly disadvantaged position.
  • Both parties must sign the prenuptial agreement before the marriage. The signatures must be notarized to provide additional evidence of the parties’ intent and voluntariness.
  • The agreement must comply with California law and public policy. It cannot contain illegal provisions, such as waiving child support obligations.

If you’re unsure whether your prenuptial agreement meets these criteria, it may be beneficial to consult with our Los Angeles family law attorney, who can review the document and provide guidance specific to your situation.

Contact Our Skilled Family Law Lawyer Los Angeles Today

Contact our skilled family law attorneys in Los Angeles County at WHITMARSH FAMILY LAW, PC, by calling (310) 552-3505 to schedule a free consultation today.

We can help provide solutions that produce results.

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