Under California law, a prenuptial agreement does not always require lawyers for both parties, but legal representation can significantly affect whether the agreement is enforceable. State statutes impose strict fairness, disclosure, and timing requirements that are easier to satisfy when attorneys are involved.
What California Law Says About Prenuptial Agreements
California prenuptial agreements are governed by the Uniform Premarital Agreement Act, adopted in the California Family Code. The law allows couples to contract about property rights, spousal support, and financial responsibilities before marriage, provided specific legal standards are met.
A prenup must be in writing, signed voluntarily by both parties, and entered into with full financial disclosure. Courts closely examine these agreements if challenged during divorce or legal separation proceedings.
When a Lawyer Is Legally Required
California law requires independent legal counsel in certain situations. If a prenuptial agreement limits or waives spousal support, the spouse giving up that right must have their own attorney at the time of signing. Without separate counsel, a spousal support waiver is unenforceable.
This requirement reflects California’s emphasis on fairness and informed consent in marital agreements.
Why Legal Representation Often Matters
Even when not strictly required, attorneys help ensure that a prenup complies with California’s procedural rules. Courts may invalidate agreements that appear unconscionable, rushed, or based on incomplete financial disclosure.
For example, California law generally requires that the agreement be presented at least seven days before signing if a party has counsel. Attorneys also help avoid ambiguous language that could create disputes later.
Risks of Creating a Prenup Without a Lawyer
Do-it-yourself or template-based prenuptial agreements often fail to address California-specific legal standards. In Los Angeles family courts, judges routinely scrutinize these agreements for fairness and voluntariness.
Common issues include missing disclosures, improper execution, or provisions that conflict with California public policy. These defects can render part or all of the agreement unenforceable.
How Courts Evaluate Prenups During Divorce
When a prenup is challenged, California courts examine whether both parties understood the agreement and had a meaningful opportunity to seek counsel. The court also reviews whether the terms were fair at the time of signing and whether circumstances made enforcement unjust.
As Los Angeles family law attorney Nicole Duncan has explained in an educational context, courts tend to focus less on the label of the document and more on whether the process respected California’s safeguards for informed decision-making.
Choosing Legal Guidance for a California Prenup
Many couples consult attorneys who regularly handle California prenuptial agreements to ensure the document reflects current law and local court expectations. This approach can reduce the risk of later disputes and invalid provisions.
If you have questions about how California family law applies to your situation, a consultation with an experienced Los Angeles family law attorney can help clarify your options.
