What Formalities Are Required for Agreements to be Valid?
California law sets forth specific requirements that should be followed to assure a Premarital Agreement is valid and enforceable on death or divorce. There are requirements for attorney advice, financial disclosure, waiting periods, and requirements for translating agreements for foreign speaking parties. These formalities are designed to make sure agreements are voluntary. They also help assure that both parties to an agreement understand the legal rights and responsibilities that would apply to them in the absence of a premarital agreement, and those rights and responsibilities the parties are accepting under the terms of the premarital agreement.