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A prenup can be overturned if it is signed under false pretenses or failing to make full and accurate financial disclosures. For example, if your spouse convinces you to sign the agreement by making false promises about their marital status or finances, the agreement may not be valid.

The Bottom Line. If you want a valid prenup in California, you must follow the 7-day rule. No if's, and's, or but's about it. As the name suggests, the 7-day rule requires a full seven calendar days between the time the final prenup is presented to the other party and the time the parties sign the agreement.

Prenups can be voided if signed under coercion, fraud, or error, despite their usual enforceability in most situations.

Traditionally, people saw prenups as an assumption that a marriage will fail; or indicate that a relationship lacks trust. What they fail to see is that a prenuptial agreement can be an effective tool to clarify financial matters in your relationship, build trust, and enhance communication.

California's Unique Prenup Rules The new law, written in California's Family Code § 1615 (c)(2)(B), covers prenuptial agreements executed on or after January 1, 2020. For individuals seeking prenups after this date, California requires that both parties wait seven days at minimum to review the terms before signing.

Prenuptial agreements are legal contracts, which means that contract law applies. Consider the following: Prenups require valid consent, which means that both spouses must have the mental capacity to provide consent. The consent cannot be obtained via fraud, error, or inappropriate influence.

The 7-day rule stems from Family Code § 1615, which states that a party must be given at least seven calendar days (this includes weekends and holidays) between the time that he or she was first presented with the final contract, advised to seek an independent attorney, and the time the prenup is signed.

Explain the Benefits of a Prenup to Your Partner It can put them on the defensive and cause them to question your intentions. Instead, talk to your partner about why signing a prenup is an astute idea and how it can benefit both of you.

How to Get a PrenupDecide if you need a prenup.Hire an Attorney to Draft The Agreement.Talk to Your Spouse About Finances.Make a List of Each Spouse's Assets, Debts, and more.Draft the Prenuptial Agreement.Define Separate Property.Define Shared Property.Decide How to Pay Existing Debts.More items...?Mar 22, 2020

Yes, of course, because the Notary verifies that the signer is who he or she claims they are. If the notarization on a prenuptial agreement is done properly, including a signature and thumbprint in the Notary's journal, that is something that will be binding in court.