Skip to content
Oakclause

Prenuptial Agreement Laws in California

California has adopted the UPAA with added protections: a party must get the final agreement at least 7 calendar days before signing, must have independent counsel or waive it in a separate writing, and spousal support terms require independent counsel.

Last checked . General information, not legal advice.

California at a glance

Uniform act
UPAA (Cal. Fam. Code 1600 to 1617)
Financial disclosure required
Only if also unconscionable
Requires a fair, reasonable and full disclosure, but lack of it defeats the agreement only if it was also unconscionable and there was no waiver or adequate knowledge.
Waiting or review period
7 calendar days to review final draft
For agreements signed on or after January 1, 2020, at least 7 calendar days between first receiving the final agreement and signing, even with a lawyer.
Independent counsel required
Required or waived in writing
Voluntariness requires independent counsel or a separate written waiver after being advised at least 7 days before signing; spousal support terms are unenforceable without independent counsel.

Sources

Last checked

The rules in California

Has California adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in California: UPAA (Cal. Fam. Code 1600 to 1617).

Does a prenuptial agreement in California require financial disclosure to be enforceable?

Only if also unconscionable. Financial disclosure required in California: only if also unconscionable. Requires a fair, reasonable and full disclosure, but lack of it defeats the agreement only if it was also unconscionable and there was no waiver or adequate knowledge.

Is there a waiting or review period before signing a prenup in California?

Waiting or review period in California: 7 calendar days to review final draft. For agreements signed on or after January 1, 2020, at least 7 calendar days between first receiving the final agreement and signing, even with a lawyer.

Does California law require each party to have an independent lawyer for a prenuptial agreement?

Required or waived in writing. Independent counsel required in California: required or waived in writing. Voluntariness requires independent counsel or a separate written waiver after being advised at least 7 days before signing; spousal support terms are unenforceable without independent counsel.

Where do the California prenuptial agreement laws come from?

The rules above come from Cal. Fam. Code 1600, Cal. Fam. Code 1612 and Cal. Fam. Code 1615. Each source is linked on this page. We last checked them in October 2026.

Good to know

An unrepresented party must receive a written explanation of the rights being given up and sign a document confirming it.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.