Since my last post, I have actually had a number of concerns about the timing specifics for California premarital agreements. Here are several crucial California prenup timing rules to remember.
First, California law calls for that seven days pass between the time you are first presented with a premarital agreement, and the time you sign it. This is rather skillfully called the “Seven-Day Rule.” Read the California Family Code Section 1615 in case you want to review the law.
You might have noticed that this guideline is anything however crystal clear. Some attorneys think the rule means that seven days should pass in between the moment you provide the last draft of your agreement, and the moment you sign that draft. Other lawyers believe the arrangement implies you should wait seven days in between the first time you review a prenup with your fiance, and the moment you sign the final draft. You and your California prenup lawyer must review this problem if you have any type of questions. If you’re concerned about enforcement, you should most likely take the most conservative approach, and wait seven days in between deliverty of the last draft to your fiance and finalizing of the contract.
Another timing consideration is whether you should on your wedding day. Rather than giving a direct answer to that, allow me to ask another a question: who really wants to think of a contract on their wedding? No one, and for excellent reason. You can’t possibly consider all the implications of signing a premarital arrangement when you’re about to walk down the aisle. Trust me: sign before your wedding. The earlier prior to the wedding the much better.
Closely connected to the signing on your wedding day issue, is the question of when you must begin discussing the contract with your fiancé. The rule right here is to bring up the contract before the wedding invites go out. You wish to avoid the presumption that your fiance had no option but to sign and marry you because Aunt Flo had already purchased her airplane ticket.
You should additionally remember that your lawyers are going to need time to draft a strong agreement, and additional time to negotiate the phrasing of various provisions. Depending on the complexity of your possessions, this can take months. A good guideline is to call your attorney prior to the invites go out, and if you can’t do that, then no later than four months before your wedding date.