Is Your California Prenup Enforceable? 7 Requirements Every Couple Should Know

Why Enforceability Matters

A prenup only works if it’s enforceable in court. In California, that means:

• The agreement was signed voluntarily

• It followed specific timing and legal procedures

• It was fair and properly disclosed

If your prenup doesn’t meet these requirements, it can be set aside—putting your financial future at risk.

7 Requirements for an Enforceable California Prenup

Here’s what California law (Family Code Section 1615) says your prenup must include:

1) Written and Signed Before Marriage
A prenup must be in writing and signed by both parties before the wedding. Oral agreements aren’t valid.

2) Full and Fair Disclosure of Finances
Both partners must provide a complete disclosure of their assets, debts, and income. Hiding information is grounds for invalidation.

3) At Least 7 Days to Review
If one party didn’t have a lawyer, California law requires that person be given at least 7 days to review the final agreement before signing.

4) Voluntary Signature
Both partners must sign willingly. Any evidence of duress, coercion, or undue pressure can make the prenup unenforceable.

5) Independent Legal Counsel for Certain Provisions
If your prenup includes a waiver of spousal support, the waiving party must have their own lawyer for that provision to be valid.

6) No Provisions Against Public Policy
Your prenup can’t include terms about child custody or child support. These issues are decided by the court if you divorce.

7) Not Unconscionable at Signing
Even if you agree to unequal terms, the agreement can’t be “shockingly unfair.” Courts may reject an agreement if it’s deemed unconscionable.

Common Mistakes That Make California Prenups Invalid

Here are the top pitfalls couples make:

❌ Signing the prenup the night before the wedding—violates the 7-day review rule.

❌ Not having independent legal counsel when waiving spousal support.

❌ Using templates without California-specific clauses.

❌ Failing to fully disclose income, debts, and property.

❌ Including unenforceable terms about child custody.

How Trusted Prenup Helps You Create an Enforceable California Agreement

Trusted Prenup is designed to help California couples create an agreement that holds up in court:

✅ State-Specific Templates
Our smart questionnaire uses California-compliant language and timing rules.

✅ Built-In 7-Day Waiting Period
Our platform guides you to finalize your agreement with enough lead time.

✅ Full Financial Disclosure
Our forms walk you through documenting assets and debts so nothing is missed.

✅ Secure Online Notarization and E-Signature
Complete everything legally from home.

Don’t Leave Your Prenup to Chance

A prenup can give you clarity, peace of mind, and financial protection—but only if it’s enforceable under California law.

Ready to create yours the right way? Trusted Prenup is here to help every step of the process.