A California law that has been in effect for several years, commonly known as the “Seven Day Rule,” mandates at least seven full calendar days between when a party receives the final prenup draft and when it is signed. The purpose of the law is to allow both parties to carefully read and understand the contract and to consult with legal counsel. For the text of the law, click here: https://law.justia.com/codes/california/2022/code-fam/division-4/part-5/chapter-2/article-2/section-1615/
Does this Law Change the Requirements of a Valid Prenuptial Agreement?
- Yes, this law added a fifth general element to the previous four.
- The agreement must be in writing and signed by both parties.
- The parties signed the agreement voluntarily.
- Each party disclosed enough facts so that the other party has made a fair and informed decision.
- Each party is represented by an attorney or they waived their right to legal counsel clearly in writing that was signed,
- And each party has reviewed the final version seven days prior to signing.
What is the reasons for the seven day rule and when does it apply?
- The underlying purpose of the rule is to give enough time for the parties to review and consider the prenuptial agreement and to seek legal advice if desired.
- It applies to prenups executed after January 1, 2020.
What is the history of prenups in California?
- In 2000, the Supreme Court of California decided a prenuptial case involving the baseball player, Barry Bonds, and his wife, Susann “Sun.”
- To read the case click here: https://scholar.google.com/scholar_case?case=15970282768111903962&q=bonds+prenuptial&hl=en&as_sdt=6,45
- The day before they were married, each signed a prenuptial agreement that was prepared by Bonds’ lawyers and Sun was not represented by an attorney.
- Six years and two children later, Bonds petitioned for legal separation and Sun contested the validity of the prenup.
- The Supreme Court ruled in favor of Bonds, but it was a high publicity case with public sentiment on the side of Sun, so legislation was subsequently passed, which is now codified in Fam. Code §1615.
Contact an Experienced Family Law Attorney for Your Prenuptial Agreement Needs
At the Law Office of David Knecht, we have extensive experience in all aspects of family law and can help you understand and negotiate a prenuptial agreement. We all have many years of experience in divorce, custody issues, and all family law matters. Contact us today at 707-451-4502.
