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I am getting married next year in CA and we are considering a prenup.
Family
Prenuptial Agreement
California
Customer:
I am getting married next year in CA and we are considering a prenup. I have read a bit about California prenup laws and I wanted to see what we need to do to make this legal? Some of my questions are: 1) Do we need to use a lawyer? 2) Can we use the same lawyer? 3) Are there any laws re prenups we need to be aware of? My boyfriend and I want to move pretty quickly on this. If possible to get us some information, that would be great. Let me know if you have any further questions for us!
Dolan W.
Hello ****! Thank you for using contractscounsel.com. I'm more than happy to help. Congratulations on the pending nuptials! I know that it can be a very exciting time, but also filled with a ton of questions. Let me answer your specific questions: Generally, California law requires that prenuptial agreements be in writing. There is often confusion as to whether there must be a notary. A notary is not required, but is recommended. Moreover, California law generally requires that each party have independent counsel review the agreement if alimony is waived or included as a part of the agreement. At least 7 calendar days must pass between the date the 2nd party receives a draft of the agreement and the date that it is signed. In other words, once it is done, then a week must pass before the parties (and their lawyers) sign the agreement.
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