Changes to Family Code Regarding Premarital Agreements

Effective January 1, 2020 Family Code §1615 changed with regards to the “7 day rule” for premarital agreements.  Previously, if both you and your fiancé were represented by your own attorney during the premarital agreement process, you could sign the premarital agreement pretty much any time before the wedding date without issue, however, if either party was not represented by an attorney, there was a required 7 day waiting period, meaning that parties had to wait 7 days after they agreed on the final terms of the premarital agreement to actually sign the premartial agreement.  If you failed to wait the 7 days in that scenario, enforceability of the premarital agreement became an issue.   Now, effective January 1, 2020 everyone has to wait 7 days after the final agreed upon version of the premarital agreement before they sign, regardless of whether or not you have an attorney representing you.

Premarital agreements are important! If you are getting married you should be thinking about a premarital agreement.  Contact our office to discuss how we can help prepare a premarital agreement for you that specifies what happens to property, debt, future inheritances and earnings, and addresses spousal support and division of assets in the unfortunate event of a divorce.  Protect yourself and start your marriage off having fostered healthy communications about finances from the beginning.