Do You Need a Lawyer for a Prenup in California?

Published by Prenup950 · Updated September 10, 2026.
Legal services by U2U Law Professional Corporation. Meet Nazli Usaklioglu, Esq. · California Bar #354792.

What does California law require?

Under Family Code § 1615(c), independent legal counsel or a qualifying separate written waiver is part of the test for voluntary execution. The statute also addresses advance advice to seek counsel and the time between receiving the final agreement and signing.

An unrepresented partner must be fully informed about the terms, their basic effect and the rights being given up, and be proficient in the language used. The written explanation and separate acknowledgment required by the statute matter. A signature or a generic waiver alone should not be treated as proof that every requirement has been met.

Why are spousal support terms different?

Under Family Code § 1612(c), a spousal support provision is not enforceable against a party who lacked independent counsel when the agreement was signed. It is also unenforceable if unconscionable when enforcement is sought. Having counsel does not make an otherwise unenforceable provision valid.

If you want to waive or limit spousal support, raise it early. Do not assume a general waiver of legal representation solves this separate issue. Our California prenup and alimony guide explains support waivers, limits and questions to discuss with your own attorney.

Can one lawyer represent both partners?

Prenup950’s $950 package represents one client. Our attorney advises that client and drafts the agreement within the agreed scope. The other partner should seek their own independent advice; their lawyer is not included in our package.

A couple can agree on their goals while still getting separate advice. Each partner should understand how proposed terms affect their own property, finances and future choices.

Does having lawyers remove the seven-day rule?

No. For California agreements signed on or after January 1, 2020, the statutory interval between first presentation of the final agreement and signing applies regardless of counsel. There is a limited exception for nonsubstantive amendments that do not change the terms. See our seven-day timing guide.

What should you ask before hiring?

• Who will the attorney represent?
• Does the fee cover drafting, review, negotiation or revisions?
• How should the other partner arrange independent advice?
• What financial information must be gathered?
• Is there enough time before the wedding for every required step?

Use our financial checklist to prepare and our cost guide to compare service scope.

Talk through your situation.

Start with a 15-minute attorney consultation, with a virtual option. Call to discuss the $950 prenup package for one client and your wedding timeline.

General information, not legal advice. Your attorney will assess the requirements for your circumstances.