Prenuptial Agreement- 7 day rule


If you are looking to get a Prenuptial Agreement completed before the wedding day, please do not wait until the last minute.  Really.  You don’t want to jeopardize your marriage in the event of a divorce. Make sure you alot plenty of time to get a prenuptial agreement prepared. I would recommend doing your research and getting some drafted at least 3 months in advance.  With that said let’s talk about timelines with respect to prenuptial agreements.

Pursuant to Family Code Section 1615(c)(2), it requires that a party against whom enforcement of a prenuptial agreement is sought have at least 7 calendar days “between the time that the party was first presented with the agreement and advised to seek legal independent legal counsel and the time the agreement was signed”. Basically, it means the person whom you want the prenuptial agreement to be enforced against must have at least 7 calendar days from the time he/she is presented with the agreement and asked to find a lawyer through the time the agreement is signed.

This rule is not applicable to a party that was already represented by counsel from the outset of the transaction.  Marriage of Cadwell0Faso & Faso (2011) 191 CA4th 945.

Either rate, contact a Santa Ana Divorce Lawyer today to get started on a Prenuptial Agreement today!

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