Think prenups are only for millionaires or messy divorces? Think again! In California, even couples with modest assets can benefit from a prenup.
Here are thirteen things we think you should know about getting a prenup in California
A prenuptial agreement (or prenup) is a written contract signed by a couple before marriage to set out their financial plan for their marriage and in the event of a divorce.
Every state has its own specific set of rules, statutes, and case law regarding prenups, so you must be careful when it comes to the dos and don’ts for a prenup in your jurisdiction.
Couples in California can draft their own prenups; however, if not done properly, then the contract can be invalidated.
You must waive your right to a lawyer: If you want to write your own prenup without an attorney in CA, you must sign a waiver saying you understand what you are doing and what you are giving up by not being represented by counsel.
HelloPrenup’s seamless, clear, and efficient proprietary software allows you to create a draft prenup in California, along with a proper CA attorney waiver form.
One caveat: If you modify spousal support in your prenup, you will legally require a lawyer to sign off on your prenup under CA law.
To secure a valid prenup in California, you must follow the 7-day rule.
How the rule works: You must have 7 calendar days between the final version of the prenup and the day you sign it.
This is to give the spouses enough time to get a lawyer (if they want one) and digest the terms of the agreement.
That’s not all, folks; there are more requirements to creating a valid prenup in CA. Here are some of the other requirements:
Bottom line: In order to have a valid and enforceable agreement, your prenup must meet all of the requirements laid out by California law. From signatures to conscionability, it all matters!
In California (and pretty much all states), all prenuptial agreements (and generally, all contracts) must be conscionable .
This means that the prenup must not be so unfair as to shock the conscience of the court (i.e., be egregiously unfair).
If a prenup is deemed unconscionable, it will likely be ruled unenforceable by a judge.
So, what is considered unconscionable in California?
Here is an example of an unconscionable CA prenup (In re Marriage of Facter):
Takeaway: If something is outrageously unfair in a prenup (i.e., unconscionable), a CA court can throw it out.
For a prenuptial agreement to remain enforceable, the contract cannot have been signed under duress, coercion, or by a party lacking mental capacity. This is just simple contract law (and common sense!).
For example, a court will not enforce the terms of an agreement where one spouse was coerced into signing. Each party must enter the contract voluntarily .
In California, the signatures included on the document should also be notarized. This is easy to do!
Getting your agreement notarized means having a Notary Public watch you sign the document (after verifying your identification). It is a way to deter fraud in executing prenups (making sure you are who you say you are and actually signing your agreement).
Want to learn more about notarization ? HelloPrenup offers virtual notarization directly through our platform for a flat-rate. Get your prenup and notarization completed, all from the comfort of your home!
When entering into a marriage, honesty is always the best policy! And the same applies to drawing up your prenup contract.
Before signing the agreement, both parties are obligated to disclose their property, assets, income, and debt. This includes real estate, income, debts, pensions, mortgages, loans, and more. And, no, you cannot skip anything.
A prenuptial agreement can be declared unenforceable in California if one or both parties fail to make a full disclosure of finances.
At baseline, you do not need an attorney for your CA prenup as long as you waive your right to an attorney properly. HOWEVER– you do need a lawyer for your CA prenup if you modify or waive spousal support.
Altering the terms of spousal support in your prenup = you need a lawyer to sign your prenup.
Leaving spousal support up to a judge to decide for you = you don’t need a lawyer to sign your prenup.
A prenuptial agreement is used to clarify how each spouse’s finances and liabilities will be managed and distributed in the event of a divorce.
The prenup can include provisions relating to the following:
Not everything can, or should be, included in a prenup, and the courts in California are very stringent about this.
No. A prenup must be signed before the wedding takes place. However, all is not lost, you could arrange a postnuptial agreement ( postnup ).
A postnup can provide some level of protection of assets in the event of a divorce but they are often less widely accepted and more frequently contested than a prenup.
Therefore, it is always best to think ahead and secure a premarital contract.
Do prenups expire in Cali? ? No. Unless the prenup states otherwise. There is no automatic expiration date for a prenuptial agreement, making it valid forever.
However, some couples choose to add a ‘sunset clause,’ meaning that the prenup will expire on a certain date or wedding anniversary.
For example, you can include a sunset clause that says the prenup will expire on your 15th wedding anniversary, meaning that the default laws of your state will apply to your divorce, not your prenup.
In California, the cost of your prenuptial agreement can depend on how easy or complex your situation is, how long the negotiations take, and how intricate your agreement needs to be.
$8,000 is the average prenup cost in the U.S., according to a HelloPrenup survey of attorneys.
However, a prenup with HelloPrenup costs only $599 per couple and can be completed in as little as a few hours.
Co-create your future & protect your ass(ets) with a prenup today !
You are writing your life story. Get on the same page with a prenup. For love that lasts a lifetime, preparation is key. Safeguard your shared tomorrows, starting today.
Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here Questions? Reach out to Julia directly at [email protected].
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