Are there timing requirements for entering into a prenuptial agreement in California?

Yes. A recent case, Clarke v. Akel (1-24-2018), the court found that just because a party puts in writing in the premarital agreement that both parties have had 7 days to review the agreement, that if they did not actually have a full 7 days to review the premarital agreement, then it is not enforceable. It is imperative to allow yourself sufficient time prior to your wedding to find an attorney, have the agreement drafted and allow for sufficient time prior to the wedding event to make any revisions and still allow time for both review and signatures. Often times I have seen people cut time short and, due to timing constraints, do not comply with the 7-day rule only to have their agreement be later determined as unenforceable.

This case also stands for the proposition that the written advisement and waiver of an unrepresented party’s rights under a premarital agreement also applies even though the agreement was initially generated by the unrepresented party.

If you need assistance in preserving your assets by creating a prenuptial agreement prior to your marriage, contact attorney Paul Eads today.

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