How Far in Advance Should You Sign a Prenup in California?
If you are planning to sign a prenuptial agreement in California, timing matters. Waiting until the days immediately before the wedding can create unnecessary pressure and, more importantly, may raise questions about whether the agreement was entered into voluntarily.
California law imposes specific requirements concerning the timing of a prenuptial agreement. But complying with the statutory minimum does not necessarily mean that waiting until the last minute is a good idea.
California’s Seven-Day Rule for Prenuptial Agreements
Under California Family Code § 1615, a party against whom enforcement of a prenuptial agreement is later sought generally must have been given at least seven calendar days between the time that party was first presented with the final agreement and the time the agreement was signed.
For prenuptial agreements executed on or after January 1, 2020, this seven-day requirement applies regardless of whether the party is represented by an attorney.
The seven-day period should be viewed as a statutory minimum—not as a recommended timeline for preparing a prenuptial agreement.
How Early Should You Actually Start the Prenup Process?
Ideally, couples should begin discussing and preparing their prenuptial agreement several months before the wedding.
A prenup can involve considerably more than simply signing a document. Depending on the couple’s financial circumstances, the process may include:
- Identifying separate and community property rights;
- Exchanging financial disclosures;
- Valuing businesses, real estate, investments, and other significant assets;
- Addressing income and property acquired during the marriage;
- Determining responsibility for debts;
- Addressing potential spousal support rights;
- Negotiating proposed terms between the parties and their attorneys; and
- Revising the agreement until both parties are comfortable signing it.
For individuals with substantial assets, business interests, trusts, investment portfolios, real estate, or complicated financial structures, the process may take longer.
Starting early gives both parties an opportunity to understand the agreement, obtain independent legal advice, exchange appropriate financial information, and negotiate without the pressure of an approaching wedding date.
Is Signing a Prenup Right Before the Wedding a Problem?
It can be.
Even when the technical timing requirements of California law have been satisfied, presenting or negotiating a prenuptial agreement shortly before a wedding can create issues that could later become relevant if one party challenges the agreement.
One of the central requirements for enforcement of a California prenuptial agreement is that the agreement was entered into voluntarily. A last-minute prenup may invite allegations that a party felt pressured to sign because the wedding was imminent, guests were arriving, deposits had been paid, or canceling the wedding would have been difficult.
The better practice is to avoid creating that issue in the first place.
A thoughtfully negotiated agreement completed well before the wedding generally creates a much better record than one finalized under unnecessary time pressure.
Don’t Confuse the Seven-Day Rule With the Entire Prenup Timeline
A common misconception is that California law simply requires a prenup to be signed seven days before the wedding.
That is not an accurate description of the rule.
The relevant seven-day period concerns the time between presentation of the final agreement and execution of that agreement. The wedding date itself is not what starts or ends the statutory seven-day period.
There are also additional requirements that can affect the enforceability of a California prenuptial agreement. Timing is only one part of the analysis.
What If Your Wedding Is Only a Few Weeks Away?
If your wedding is approaching and you have not started your prenup, speak with a California prenuptial agreement attorney as soon as possible.
Whether there is sufficient time will depend on the circumstances, including the complexity of the parties’ finances, whether the material terms have already been discussed, the need for financial disclosure, whether each party has counsel, and the amount of negotiation required.
Rushing an important agreement simply to have it signed before the wedding may create problems that careful advance planning could have avoided.
Planning a Prenup in Los Angeles?
Atighechi Law Group is located in Los Angeles and represents clients throughout California in the preparation, review, and negotiation of California prenuptial agreements. Maryam Atighechi is a Certified Family Law Specialist with extensive experience in complex California family law matters.
If you are considering a prenuptial agreement, beginning the process well before your wedding provides time to address financial issues carefully and thoughtfully—and to prepare an agreement designed with enforceability in mind.