If you’re considering a prenup before marriage, understanding the 7-day rule for California prenuptial agreements is essential. California law requires couples to follow specific steps to ensure a prenuptial agreement (prenup) will hold up in court—and timing is one of the most critical factors. At the center of these timing requirements is the 7-day rule.
Whether you’re just starting to learn how to get a prenup in California or already working with an attorney, knowing this rule can help you avoid costly mistakes that could invalidate your agreement later.
To understand why this requirement is so significant, it is helpful to examine the legal foundation behind it.
Legal Background: The 7-Day Rule and California Law
California Family Code §1615 outlines the enforceability requirements for prenuptial agreements in California. One of the most important provisions states that the final version of the prenup must be presented to both parties at least seven calendar days before it is signed.
This requirement applies whether or not either party is represented by independent legal counsel. The law exists to prevent last-minute pressure, surprise terms, or rushed decisions just days—or hours—before the wedding.
What is the 7-day waiting period?
The 7-day waiting period is a legal safeguard designed to prevent pressure or rushed decisions.
It gives each person adequate time to:
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Read the agreement carefully
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Understand its terms and legal consequences
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Consult with a lawyer, if they choose
Importantly, this rule cannot be waived, even if both people feel ready or agree to sign sooner.
Why the 7-Day Rule Exists
The 7-day rule is intended to ensure that prenuptial agreements are entered into voluntarily and knowingly. During this waiting period, each party has time to:
- Carefully read the agreement and understand its terms
- Review prenup financial disclosure documents to ensure everything is transparent
- Consult with independent legal counsel if they choose
- Consider the long-term implications without being rushed
This waiting period helps ensure that the agreement is entered into voluntarily and that neither party can later argue that they were coerced or uninformed.
How California Courts Enforce the Rule
Courts in California closely examine the timing of prenup execution. If the agreement is signed without meeting the 7-day requirement, a judge can decide the agreement—or certain provisions—are unenforceable. When evaluating a prenup, courts look at:
- When the final draft was first provided
- When the agreement was signed
- Whether both parties had an opportunity to get legal advice
- Whether there was any evidence of duress or last-minute pressure
In short, following the timing requirements is just as important as properly drafting the document itself.
Risks of Ignoring the 7-Day Rule
If the 7-day rule is ignored, your prenuptial agreement could be invalidated during a divorce. This may result in:
- Property division according to California’s community property laws
- Court-determined spousal support, even if you tried to waive it
- Costly legal disputes over what each party is entitled to
Failing to comply with California’s timing rules can undo the protections you intended when you created your prenup.
Other Timing and Legal Requirements for California Prenups
Yes. In addition to the 7-day rule, these also matter:
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The prenup must be signed before the marriage
If you sign after the wedding, it is not a prenup (it would be a postnuptial agreement). -
No last-minute pressure
If one person felt rushed, forced, or surprised, the prenup may be invalid. -
Full financial disclosure is required
Both people must honestly share information about:-
income
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assets
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debts
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property
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Time to review with a lawyer
While not required for everyone, lack of legal review can increase the risk of the prenup being challenged.
FAQs About the 7-Day Rule in California Prenuptial Agreements
1. How long before a wedding should a prenup be signed in California?
A prenup must be signed at least seven full calendar days after the final version is presented. This does not mean “about a week.” If you sign earlier, the agreement may be invalid.
2. When does the 7-day period start?
The countdown begins the day the final draft of the prenuptial agreement is presented to the other party.
3. Can we sign sooner if both of us agree?
No. The 7-day rule is mandatory under California law and cannot be waived, even if both parties are willing.
4. Do we both need lawyers during the 7-day period?
While independent legal counsel is strongly recommended, only the party waiving spousal support must have legal representation for that provision to be enforceable.
5. What if we change the agreement during the 7-day period?
If there are substantial changes, the 7-day period may reset because the law requires each party to review the final version before signing.
6. Does the rule apply to postnuptial agreements?
No. The 7-day rule is specific to Prenuptial Agreements in California, but postnuptial agreements have their own fairness and disclosure requirements.
7. What happens if the prenup timing rules are not followed?
If the rules are not followed:
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The prenup may be invalid, and
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California’s community property laws will apply instead.
8. Can we sign the prenup closer to the wedding?
No. If the prenup is signed less than 7 days after receiving the final version, a court may throw it out.
Signing a prenup:
- The day before the wedding
- During the wedding week
- On the wedding day
It is very risky and usually leads to an unenforceable prenup.
Secure Your Future with a Legally-Compliant Prenup
The 7-day rule California prenuptial agreement requirement is more than just a formality—it’s a safeguard to protect both parties and ensure fairness. By following this rule, you reduce the risk of future disputes and increase the likelihood your prenup will be upheld in court.
At Moshtael Family Law, we make sure every step of the prenup process is handled properly, from prenup financial disclosure to timing requirements.
Contact Moshtael Law today to schedule a consultation and protect your assets with a valid, enforceable prenuptial agreement.
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