California’s Uniform Premarital Agreement Act (UPAA) is the main statute outlining the rules and requirements for prenuptial agreements. The definition of a premarital agreement according to the law is a contract two prospective spouses enter into before marriage that is not effective until marriage. Properties involved in a prenup can include real estate, financial interests, income, earnings, debts and other present or future assets. The UPAA imposes certain requirements for a couple to create a valid prenup.
A written contract
Lawful terms within the prenup
Signatures from both parties
Signed voluntarily (without coercion, intimidation, deceit or duress)
Signature from a notary
At least seven days to seek independent legal counsel before signing
These are the main requirements for drawing up a prenuptial agreement that will hold up in a court of law. It is wise for a couple to invest in a lawyer’s assistance when creating a premarital agreement. Help from an attorney can answer questions, quell concerns and result in a document the courts in California will enforce. A San Mateo divorce lawyer can assist a couple with all the steps it takes to create a valid prenup in the state.