Are there specific requirements to a make a prenuptial agreement valid?
California law outlines several requirements to have a valid and enforceable prenuptial or premarital agreement. To be enforceable, the agreement must be voluntarily entered into. Under California law, voluntariness is determined by several factors. First, the spouse against whom enforcement is sought must be represented by his or her own attorney or effectively waive the option to be represented by his or her own attorney. This means that if you retain an attorney to draft a prenuptial agreement, your spouse must be represented by his or her own attorney, or waive the option of seeking the advice of his or her own attorney before signing the agreement. Second, the spouse against whom enforcement is sought must have at least 7 days to review the agreement before signing it. Third, the spouse against whom enforcement is sought must be informed of the terms and effect of the agreement. Finally, full financial disclosure is required. The court will also refuse to enforce if the agreement
