10 hours ago
In the realm of contract law, prenuptial agreements are subject to some of the strictest scrutiny by California courts. The presumption in family law is often that the agreement is suspect unless proven otherwise, particularly when one party is unrepresented. Jos Family Law analyzes the procedural rigidities of the California Family Code to demonstrate why "kitchen table" agreements notoriously fail when tested. The data suggests that cutting corners on the front end of a marriage frequently leads to expensive, protracted litigation on the back end, costing far more than the price of a properly drafted agreement.
The question is often asked: Can You Write Your Own Prenup and Have it Notarized and expect it to hold up? Technically, you can write any contract, but the enforceability rate of DIY prenups drops precipitously due to specific statutory requirements. First, there is the issue of "full, fair, and reasonable disclosure." California law demands a complete exchange of financial data—assets, debts, income, and business valuations. If a DIY agreement fails to include a comprehensive schedule of assets, or if values are estimated rather than documented, the entire agreement can be voided for fraud or lack of disclosure. The court requires evidence that both parties entered the contract with eyes wide open, fully understanding what they were gaining and what they were giving up.
Furthermore, there is the critical "Seven-Day Rule." California Family Code Section 1615 mandates that the final version of the agreement must be presented to the unrepresented party at least seven calendar days before it is signed. A notarized date stamp that shows a timeline of fewer than seven days is essentially a death sentence for the contract. It creates an automatic presumption of duress or coercion. DIY couples often rush the process, signing the document days or even hours before the wedding amidst the chaos of catering and guest lists. This procedural error renders the document useless, regardless of the notary seal.
Additionally, the waiver of spousal support triggers a specific legal mandate. For a spousal support waiver to be enforceable, the party waiving support must be represented by independent legal counsel. You cannot waive this right to counsel in the document itself. A self-written prenup where an unrepresented spouse gives up their right to future alimony is unenforceable on its face regarding that provision. The statute is designed to prevent a high-earning spouse from coercing a lower-earning spouse into destitution. Without two lawyers signing off on the agreement, any clause regarding spousal support limitation is likely invalid.
The notarization of the document merely proves identity; it does not validate the content or the procedure. The notary confirms that the people signing are who they say they are. They do not confirm that financial disclosures were exchanged, that the seven-day waiting period was observed, or that the terms are not unconscionable. Relying on a notary stamp as proof of validity is a statistical error that exposes your estate to equitable distribution laws you intended to avoid.
To ensure your prenuptial agreement is statistically likely to be enforced, contact Jos Family Law. https://josfamilylaw.com/
The question is often asked: Can You Write Your Own Prenup and Have it Notarized and expect it to hold up? Technically, you can write any contract, but the enforceability rate of DIY prenups drops precipitously due to specific statutory requirements. First, there is the issue of "full, fair, and reasonable disclosure." California law demands a complete exchange of financial data—assets, debts, income, and business valuations. If a DIY agreement fails to include a comprehensive schedule of assets, or if values are estimated rather than documented, the entire agreement can be voided for fraud or lack of disclosure. The court requires evidence that both parties entered the contract with eyes wide open, fully understanding what they were gaining and what they were giving up.
Furthermore, there is the critical "Seven-Day Rule." California Family Code Section 1615 mandates that the final version of the agreement must be presented to the unrepresented party at least seven calendar days before it is signed. A notarized date stamp that shows a timeline of fewer than seven days is essentially a death sentence for the contract. It creates an automatic presumption of duress or coercion. DIY couples often rush the process, signing the document days or even hours before the wedding amidst the chaos of catering and guest lists. This procedural error renders the document useless, regardless of the notary seal.
Additionally, the waiver of spousal support triggers a specific legal mandate. For a spousal support waiver to be enforceable, the party waiving support must be represented by independent legal counsel. You cannot waive this right to counsel in the document itself. A self-written prenup where an unrepresented spouse gives up their right to future alimony is unenforceable on its face regarding that provision. The statute is designed to prevent a high-earning spouse from coercing a lower-earning spouse into destitution. Without two lawyers signing off on the agreement, any clause regarding spousal support limitation is likely invalid.
The notarization of the document merely proves identity; it does not validate the content or the procedure. The notary confirms that the people signing are who they say they are. They do not confirm that financial disclosures were exchanged, that the seven-day waiting period was observed, or that the terms are not unconscionable. Relying on a notary stamp as proof of validity is a statistical error that exposes your estate to equitable distribution laws you intended to avoid.
To ensure your prenuptial agreement is statistically likely to be enforced, contact Jos Family Law. https://josfamilylaw.com/