A prenuptial agreement in California must be in writing, voluntarily signed by both parties, and include full financial disclosure of assets and debts. It cannot contain unconscionable terms or address child custody/support, and it must be notarized to be legally valid.
Why a Prenuptial Agreement Matters in California
A prenuptial agreement, or prenup, gives couples clarity and protection over finances before marriage. In California, strict legal requirements determine whether a prenup will be valid and enforceable in court. Missing just one step could make the agreement vulnerable to challenge later.
This hub explains the core requirements under California law, including the Uniform Premarital Agreement Act (UPAA), and connects you to in-depth guides on each element.
This guide acts as the central hub for California prenups. We’ll cover the five core requirements for validity:
- Full financial disclosure
- Proper signing and notarization
- The 7-day review rule
- Independent legal counsel
- Compliance with the UPAA
We’ll also connect you to detailed subtopic articles so you can explore each requirement further.
Full Financial Disclosure
One of the most important elements of a valid California prenup is complete financial transparency. Both parties must provide a fair, reasonable, and full disclosure of assets and debts.
This includes:
- Real estate holdings
- Bank accounts and savings
- Investments and stocks
- Business interests
- Credit card debts, loans, or tax obligations
- Income and projected future earnings
If one partner hides or undervalues assets, the court may declare the prenup unenforceable. Full disclosure is not just a formality—it’s the foundation of trust and fairness.
Learn more about financial disclosure in California prenups
Proper Signing and Notarization
A prenuptial agreement (prenup) must be executed properly to be valid. California law requires that it be in writing and signed by both parties before marriage.
While notarization is not explicitly required by the UPAA, it is highly recommended because:
- It authenticates signatures
- It prevents claims of forgery or fraud
- It provides a clear record for the court
Skipping notarization may leave room for disputes, so attorneys at Moshtael Family Law always advise couples to have their prenup notarized.
The 7-Day Rule Review Requirement
California has a seven-day rule designed to prevent rushed or pressured decisions. The law requires that:
- Each party must receive the final agreement at least seven calendar days before signing.
- This gives time for thoughtful review and consultation with attorneys.
- The rule applies even if both parties have already discussed the terms in detail.
Courts take this seriously—violating the 7-day rule can make a prenup invalid.
Explore the details of the 7-day rule review requirement
Independent Legal Counsel
The law also requires that both parties have a fair chance to obtain independent legal counsel before signing. While one party may waive the right to an attorney, this must be done in writing, and courts generally view prenups as stronger and more enforceable when both partners had their own lawyer.
Why independent counsel matters:
- Ensures both parties understand their rights
- Prevents claims of coercion or unfairness
- Strengthens the enforceability of the prenup
At Moshtael Family Law, we encourage both parties to retain separate attorneys. This isn’t about mistrust—it’s about making sure your agreement is rock-solid.
Discover why independent legal counsel enhances prenuptial agreements.
Validity Under the Uniform Premarital Agreement Act (UPAA)
California prenups are governed by the Uniform Premarital Agreement Act (UPAA). For a prenup to be enforceable, it must be:
- Voluntary – no coercion, pressure, or threats
- Fair and conscionable at the time of signing
- Based on full financial disclosure
- Executed properly under California rules
The UPAA also restricts certain provisions. For example, a prenup cannot limit child support obligations because such rights belong to the child, not the parents.
View our comprehensive breakdown of the UPAA and California prenuptial agreements.
What Happens If Requirements Aren’t Met?
If a prenup fails to meet California’s standards, courts can strike down all or part of it. Common reasons include: One party wasn’t given full financial disclosure
- The 7-day rule wasn’t followed
- A spouse signed under duress
- The terms were unconscionable (shockingly unfair)
This is why working with an experienced law firm like Moshtael Family Law is critical—small mistakes can undermine the entire agreement.
FAQs About California Prenuptial Agreements
1. Do both partners need a lawyer for a prenup in California?
No, but it’s strongly recommended. Courts are more likely to uphold agreements when both parties had independent legal counsel.
2. Can we sign a prenup the day before the wedding?
Not in California. The 7-day review rule requires at least seven days between receiving the final draft and signing.
3. Is notarization legally required?
Notarization isn’t mandatory under the UPAA, but it adds protection and strengthens enforceability.
4. Can a prenup cover child custody and support?
No. California law prohibits prenups from deciding child custody or child support. Courts decide these issues based on the child’s best interest.
5. What happens if one spouse hides assets?
Failure to provide full financial disclosure can make the prenup invalid. Courts require complete honesty.
6. Can a prenup be changed after marriage?
Yes, but it becomes a postnuptial agreement, which has its own legal requirements.
Partnering with Moshtael Family Law
At Moshtael Family Law, we understand that a prenuptial agreement isn’t just a legal document—it’s a tool for building trust and protecting both partners. Our attorneys ensure that every step—financial disclosure, review periods, independent counsel, and notarization—is handled correctly.
We draft ironclad prenuptial agreements that comply with California’s strict standards under the UPAA. With our guidance, you can enter marriage with confidence and peace of mind.
Schedule a consultation with Moshtael Family Law today!
Conclusion: Building a Stronger Future Together
A California prenup is only valid if it follows strict legal requirements: full financial disclosure, proper signing and notarization, the 7-day rule, independent legal counsel, and compliance with the UPAA.
Handled properly, a prenup isn’t just a contract—it’s a foundation for trust, clarity, and peace of mind.
Protect your future before you say “I do.” Contact Moshtael Family Law today to schedule a confidential consultation and learn how a properly drafted prenuptial agreement can safeguard your financial interests.
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