Prenuptial and Postnuptial Agreement Signings
California has specific rules for premarital agreements. Notarization isn’t one of them, but nearly every attorney uses it. Here’s why.
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Quick answer
A California premarital agreement must be in writing and signed by both parties (Family Code § 1611); notarization isn’t required for it to be valid. Couples have their signatures notarized anyway because it proves who signed and when, which matters if the agreement is ever challenged, and because an agreement affecting real property must be acknowledged to be recorded. California also looks for at least seven calendar days between when a party is first presented with the final agreement (and advised to get independent counsel) and when they sign it (Family Code § 1615).
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The California requirements
- Written and signed by both parties (Family Code § 1611). It becomes effective on marriage.
- Voluntary. Under Family Code § 1615, a court looks at factors including whether each party had independent counsel or waived it in a separate writing, whether the unrepresented party was fully informed of the terms and rights given up, and the timing of signing.
- Seven-day rule. At least seven calendar days between when a party is first presented with the final agreement and advised to seek counsel, and when they sign.
These are legal requirements your attorney is responsible for. The notary’s job is only to identify the signers and notarize their signatures. We can’t review or explain the agreement.
Why notarize anyway
- It creates an independent record, the notary’s journal, of who signed, when, and how they were identified, which helps if timing or voluntariness is later disputed.
- An agreement (or a related deed) affecting real property must be acknowledged to be recorded.
- Many attorneys’ forms include notarial wording.
Postnuptial agreements and transmutations
Agreements after marriage that change property from separate to community (or the reverse) are called transmutations, and must be in writing with an express declaration by the spouse whose interest is adversely affected (Family Code § 852). Like prenups, they are commonly notarized, and real property transmutations are recorded.
Signing logistics
Both parties can sign at the same appointment or separately. Each needs acceptable ID. If your attorneys are in different offices, we can meet each of you where you are. Planning a wedding too? We also perform marriage ceremonies.
Common questions
Does a prenup need to be notarized in California?
No. It must be in writing and signed by both parties. Notarization is common because it documents who signed and when, and it’s needed for recording.
Can we sign our prenup on different days?
Yes. Each party can be notarized separately, subject to your attorneys’ instructions and the seven-day rule.
Can the notary explain our prenup?
No. Questions about the agreement must go to your attorneys.
Related guides
- Spousal Consent FormsERISA spousal waivers and IRA community property consents.
- Notarizing for FamilyAllowed, unless there’s a financial interest; why spouses need extra care.
- Grant & Quitclaim DeedsWho signs, thumbprints, recording in LA County and fraud protection.
- Acknowledgment vs. JuratThe two certificates notaries complete most often, side by side.
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