Is my prenup enforceable in California?

Only if it was executed voluntarily with fair disclosure. Under Family Code section 1615, a premarital agreement is unenforceable if signed involuntarily or if it was unconscionable and made without disclosure. Each party needs at least seven days between receiving the final agreement and signing, and spousal support waivers require independent counsel.

California enforces premarital agreements under the Uniform Premarital Agreement Act, Family Code section 1600 et seq., but with consumer-style protections added after In re Marriage of Bonds. Under Family Code section 1615, an agreement fails if a party did not sign voluntarily, or if it was unconscionable when made and that party lacked fair disclosure of the other's assets and debts without waiving it. Voluntariness has statutory teeth: the party against whom enforcement is sought must have been represented by independent counsel or have expressly waived counsel in a separate writing, must have had at least seven calendar days between receiving the final agreement and signing it, and, if unrepresented, must have been fully advised in writing of the rights being surrendered. A spousal support waiver is unenforceable against a party who lacked independent counsel at signing, per Family Code section 1612(c), and child support can never be limited by prenup.

Authority: Cal. Fam. Code § 1615