California's 7-Day Rule for Prenups Explained
When it comes to prenuptial agreements in California, timing is everything. One of the most important legal requirements is the 7-day waiting period, also known as the "7-day rule." If you don't follow this rule, your prenup could be at risk of being invalidated in court.
In this article, we'll break down what the 7-day rule is, why it exists, and how to make sure you comply.
What Is the 7-Day Rule?
Under California Family Code §1615(c)(2), there must be at least seven calendar days between the time a party is first presented with the final version of the prenuptial agreement and the time they sign it.
This rule applies even if both parties agree on the terms and want to move quickly. The law is strict: failure to comply can make the prenup unenforceable.
Why Does California Require It?
The purpose of the rule is to prevent coercion or pressure before marriage. Lawmakers wanted to ensure that both partners have:
Enough time to carefully review the agreement.
The opportunity to seek independent legal advice.
A clear and voluntary choice before signing.
By giving couples this buffer period, courts are more confident that the agreement reflects informed consent.
Common Mistakes Couples Make
Even well-meaning couples sometimes make errors that jeopardize their prenup:
Last-minute signing: Waiting until just days before the wedding to start the process.
Misunderstanding the timeline: Believing that drafts don't count, what matters is the final version presented.
Skipping independent counsel: Each party should have their own lawyer to avoid claims of unfairness.
Best Practices to Comply
Start early: Begin prenup discussions at least 3 months before the wedding.
Work with separate attorneys: Courts strongly prefer that each spouse is represented by independent counsels.
Track delivery dates: Keep proof of when the final draft was first provided.
Avoid wedding-week stress: Finalize the agreement well in advance to prevent delays or disputes.
💡 Pro tip: If your wedding is October 11, you should aim to have the prenup finalized by September 27 at the latest. This allows the mandatory 7-day waiting period before signing. Along with timing, financial disclosure is another requirement you must meet.
Why Legal Counsel Matters
A prenup is more than a form, it's a legally binding contract that impacts your future. An attorney ensures your agreement not only follows the 7-day rule but also complies with other California requirements like full financial disclosure and fairness standards.
Conclusion
The 7-day rule may sound like a technicality, but it's one of the most important steps in creating an enforceable California prenuptial agreement. Failure to meet the 7-day rule is one of the top reasons prenups are invalidated. By starting early, seeking legal counsel, and respecting the timeline, you can protect both your relationship and your financial future.
Want a bigger picture of what prenups and postnups can do? Read our Complete Guide to California Prenups and Postnups
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