Is our prenup actually enforceable now?
CArosa_p1 month ago
We signed one a week before the wedding without lawyers. Now divorcing. Does it bind us?
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1 reply
✓ Verified answer from a licensed attorney — shown first
Maybe. CA's Premarital Agreement Act has formal requirements that often defeat informally-signed prenups: a 7-day rule between presentation and signing (after 2002), independent counsel on both sides or a written waiver of counsel, and full financial disclosure. A spousal-support waiver in a prenup additionally requires that the waiving spouse had independent counsel — no exceptions. If those weren't met, the prenup is vulnerable. Bring the document to a consult; the analysis is fact-specific.
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