When couples in California create a prenuptial agreement, they must follow specific legal standards to ensure the document is valid and enforceable. One of the most important frameworks governing prenups is the Uniform Premarital Agreement Act (UPAA). Understanding how California applies the UPAA helps you protect your rights and avoid future disputes.
Whether you’re researching Prenuptial Agreements in California for the first time or preparing to sign one, knowing the rules around fairness, voluntariness, and enforceability is essential.
What Is the Uniform Premarital Agreement Act (UPAA)?
The UPAA is a model law adopted by many states, including California, to create consistent rules for premarital agreements. California codified the UPAA in Family Code Sections 1600–1617, which outline:
- What a prenup can and cannot include
- Requirements for enforceability
- Grounds under which a court may refuse to enforce an agreement
The UPAA aims to make prenuptial agreements predictable, enforceable, and fair—so long as they follow proper procedures.
How California Applies the UPAA
California courts apply the UPAA whenever they review a prenuptial agreement. To be enforceable, the agreement must meet the state’s legal requirements, including:
- Voluntary execution – Both parties must sign willingly, without coercion or duress.
- Full disclosure – Each party must provide a complete prenup financial disclosure of assets, debts, and income before signing.
- Fairness at signing – The agreement must not be unconscionable when executed.
- Timing requirements – Under the 7-day rule California prenuptial agreement standard, the final version must be presented at least seven days before signing.
Fairness and Voluntariness
Courts reviewing a prenup under the UPAA will examine whether the agreement was fair and entered into voluntarily. Some key factors include:
- Whether both parties had a reasonable amount of time to review the agreement
- Whether each party had access to independent legal counsel (recommended but not always required)
- Whether one party was pressured to sign close to the wedding date
- Whether both parties understood the rights they were waiving
By following the 7-day rule and working with legal counsel, you significantly reduce the risk of the agreement being challenged later.
Unconscionability Standards
A California court may refuse to enforce a prenup if it is found to be unconscionable—meaning extremely one-sided or unjust—at the time it was signed. Examples include:
- One party hiding assets or failing to provide accurate financial disclosure
- Terms that would leave one spouse without any means of support
- Provisions that violate public policy (for example, limiting child support rights)
Proper legal drafting and full transparency during the process help prevent a court from invalidating the agreement.
Frequently Asked Questions (FAQs) About the UPAA in California
Is the Uniform Premarital Agreement Act (UPAA) the law in California?
Yes. California has adopted the Uniform Premarital Agreement Act and codified it in California Family Code Sections 1600–1617. These laws govern how prenuptial agreements must be written, signed, and enforced in the state.
Does the UPAA require both parties to have a lawyer in California?
No, the UPAA does not strictly require both parties to have independent legal counsel. However, having separate attorneys is strongly recommended. In some cases—especially when spousal support is waived—California law requires independent counsel for the waiver to be enforceable.
What happens if a prenup does not follow the UPAA in California?
If a prenuptial agreement fails to meet UPAA requirements, a court may:
-
Invalidate the entire agreement
-
Strike specific provisions (such as spousal support waivers)
-
Refuse to enforce the prenup altogether
Common issues include lack of full financial disclosure, coercion, or failure to comply with the 7-day rule.
Can a prenup be challenged even if it follows the UPAA?
Yes. Even if a prenup appears compliant, it can still be challenged if one party proves:
-
The agreement was signed under duress
-
Financial disclosures were incomplete or misleading
-
The agreement was unconscionable at the time of signing
That’s why proper drafting and documentation are critical.
What does “unconscionable” mean under the UPAA?
Under California law, a prenup is unconscionable if it is extremely unfair or one-sided at the time it was signed. Courts look at whether the agreement leaves one spouse without reasonable support or was based on hidden or inaccurate financial information.
Does the UPAA allow child support terms in a prenup?
No. While the UPAA allows couples to address many financial matters, child support provisions are not enforceable. California courts will always decide child support based on the child’s best interests at the time of separation or divorce.
How does the 7-day rule relate to the UPAA?
The 7-day rule is a California-specific requirement that works alongside the UPAA. It requires that the final prenuptial agreement be provided at least seven days before signing. This rule helps ensure voluntariness and reduces claims of pressure or coercion.
Can a prenup be enforced years later under the UPAA?
Yes. If the agreement was validly executed under the UPAA and California law, it can be enforced many years later during divorce or legal separation—assuming no provisions violate public policy or statutory requirements.
Why Compliance with the UPAA Matters
Failure to follow UPAA standards can lead to part—or all—of your prenuptial agreement being thrown out in court. By ensuring voluntariness, proper prenup financial disclosure, compliance with the 7-day rule, and fairness at signing, you create a legally strong agreement that will hold up under scrutiny.
Protect Your Future with a Valid California Prenup
A prenuptial agreement is too important to risk on technical errors. At Moshtael Family Law, we draft agreements that fully comply with the UPAA and California’s unique legal requirements.
Consult Moshtael Law today to create a prenup that meets California standards for fairness, voluntariness, and enforceability—giving you peace of mind before you walk down the aisle.
About the Author
