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In California, the validity of a premarital agreement often hinges on a specific procedural requirement known as the "7-Day Rule." Jos Family Law provides this guide to help couples understand why timing is just as critical as the content of the contract. This rule was enacted to ensure that both parties enter into the agreement voluntarily and with sufficient time to seek independent legal counsel. Ignoring this statutory waiting period is one of the most common reasons DIY prenups are invalidated during divorce proceedings.

Many couples search for "Can You Write Your Own Prenup and Have it Notarized" hoping for a quick, last-minute solution before the wedding. However, California Family Code 1615(c)(2) stipulates that there must be at least seven calendar days between the date the final agreement is presented to the unrepresented party and the date it is signed. This means if you hand your fiancé the document on June 1st, they cannot legally sign it until June 8th. If the wedding is on June 5th, you are out of time. The agreement would be voidable.

This rule applies strictly when one party does not have an attorney. The legislative intent is to prevent coercion. A person cannot be expected to understand complex waivers of community property rights or spousal support without time to review the document or find a lawyer. If you rush the process, the court presumes the signature was not voluntary. It views the ticking clock of the wedding as a form of duress.

Furthermore, any material changes to the document restart the 7-day clock. If you negotiate a change to the alimony clause on day 6, you must wait another full week before signing. This creates a logistical hurdle for couples who leave this task until the final weeks of wedding planning. You cannot rush the law just because the caterer is waiting.

To ensure your agreement is enforceable, you must create a paper trail that proves when the final draft was delivered. Email records are crucial evidence. A notarized signature proves who signed it, but the email chain proves when they saw it.

To draft a timeline-compliant prenuptial agreement, visit Jos Family Law. https://josfamilylaw.com/