What are the step-by-step requirements for a valid prenuptial agreement under California law?

A valid California prenuptial agreement is a written contract signed by both parties before marriage, accompanied by full financial disclosure and independent legal counsel. Here are the steps to create an enforceable agreement: Step 1: Each Party Hires a Separate Attorney Each of you must retain your own independent lawyer. Sharing an attorney is not permitted. This is a critical step to ensure both parties' interests are protected and to prevent future claims that the agreement was signed under duress or without full understanding. Step 2: Fully Disclose All Finances You and your partner must prepare and exchange a complete and accurate list of all assets, debts, and income. This requires providing supporting documents like bank statements, property deeds, and tax returns. Under California law, this requirement for a "full, fair, and reasonable" disclosure cannot be waived. Step 3: Draft and Negotiate the Agreement One attorney will draft the agreement based on your mutual decisions. Topics can include how separate and community property will be defined, management of assets during the marriage, and distribution of property upon divorce. The other attorney will review the draft, and both lawyers will negotiate the terms until a final version is reached. Step 4: Follow the "7-Day Rule" The final version of the agreement must be given to the party who did not draft it at least seven full calendar days before it is signed. This mandatory waiting period ensures there is adequate time for review with counsel without last-minute pressure. Step 5: Sign the Final Agreement Once the 7-day waiting period has passed and both parties agree to the terms, you will both sign the written agreement. While not legally required, having the signatures notarized is a recommended best practice. The agreement automatically becomes effective upon marriage. Important Considerations: The agreement must be in writing and signed voluntarily. Any provision that limits or waives spousal support is unenforceable if the party giving up that right was not represented by an independent attorney at the time of signing. An agreement can be invalidated if a court finds it was "unconscionable" (severely unfair) when signed. Note: Failing to follow these procedural requirements, especially financial disclosure and the 7-day rule, can make your entire agreement void. You cannot include provisions that illegally limit child support or promote divorce. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.