Does a California Prenup Need Counsel on Both Sides?

Does a California Prenup Need Counsel on Both Sides?

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Our Los Angeles Family Law Firm is highly experienced in both drafting and reviewing prenuptial agreements.

Yes, it is mandatory that both sides are represented by their own independent counsel of their choosing. Family Code Section 1615 (c) (1) provides:

(c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following:

“(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel. The advisement to seek independent legal counsel shall be made at least seven calendar days before the final agreement is signed.”

Even though there may be ways around each side requiring independent counsel, I would not sign a prenup unless both sides were represented by an attorney in good standing with the California state bar.

Both sides need their own attorney so that it is understood that neither side is using coercion, undue influence, or duress in the transaction and the transaction is long arm. Even though there may still be coercion and undue influence even with an attorney it is deemed to have occurred without representation on both sides. So, in the abundance of caution if you are seeking a prenup in California then be sure there is a drafting attorney who drafts the prenup and a reviewing attorney who reviews the prenup.

When preparing a prenup it’s important to have all the bases covered so that there is no ground from which the court can find a prenup to be invalid.

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