California requires premarital agreements to be in writing and signed by both parties. It also requires that the party against whom enforcement is later sought must have had the agreement in his or her possession for not less than 7 calendar days between the time the party was first presented with the agreement and advised to seek independent legal counsel, and the time it was signed.
However, the 2011 case of Cadwell-Faso did not apply the 7-day rule where both parties were represented by lawyers from the outset of the negotiations. Premarital agreements in California are technical. If at all possible, do not rely on self-help forms. Consulting with a lawyer before you sign a premarital agreement can save you surprises and expenses if the agreement is ever used in the future.
The Office of Family Law Specialist Richard E. Bawden is here to assist you in premarital agreements, as well as any other area of family law that you might need help with – from divorce and support issues to child custody.