Requirements
- The contract must be in writing
- The terms must be lawful
- Signatures from both parties
- Signed voluntarily (without being under duress, intimidation, deceit, etc.)
- Notarized signatures (no, you should not skip this step!)
- Full disclosure of all financial assets and income (Do not skip this)
- If the agreement provides for spousal support in any way, each party must have had representation at the time of signing the agreement in order for that provision to be enforceable.
- Both parties should be represented by their own attorneys. If one or both parties choose not to obtain attorney representation, the party waiving that representation must sign a separate written statement of waiver;
- At least 7 days in between the final agreement and when the parties sign it. This requirement is important to provide parties enough time to obtain legal representation if they want it.
Cannot include:
- Must not include child custody or child support
- Must not exclude the right to counsel
- No incentives to commit illegal acts
- No incentives for divorce
- No unfair, unjust, or deceptive terms
- Must not include clauses that are not financial in nature, like demanding that one spouse loses weight or changes their appearance
- Be aware that if you or your future spouse plan to include any provisions regarding spousal support, then the party against whom enforcement of the spousal support provision is sought must be represented by independent counsel
- No unconscionable spousal support provisions
- California courts will not enforce verbal prenuptial agreements.