There is a common misconception that the 7-day rule requires the prenup to be signed 7 days before the wedding. This is not the case; You can actually sign your prenup the day before the wedding. The 7-day rule stems from Family Code § 1615, which states that a party must be given at least seven calendar days (this includes weekends and holidays) between the time that he or she was first presented with the final contract, advised to seek an independent attorney, and the time the prenup is signed.
Family Code § 1615 (c) provides the following: “It shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record:
The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel. The advisement to seek independent legal counsel shall be made at least seven calendar days before the final agreement is signed.
One of the following:
(A) For an agreement executed between January 1, 2002, and January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and advised to seek independent legal counsel and the time the agreement was signed. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement.
OR
(B) For an agreement executed on or after January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and the time the agreement was signed, regardless of whether the party is represented by legal counsel. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement.”
Therefore the 7-day rule is from the receipt of the final draft allowing seven days to contemplate it before signing.
