Independent Counsel
Also known as: Separate Attorneys, Independent Legal Advice
Each spouse having their own attorney during prenup negotiation. Required by statute in California; heavily weighted in every other state.
Independent counsel for each spouse is the single most reliable defense against later challenges. California requires it by statute (Cal. Fam. Code §1615(c)(1)) or an express written waiver after written warning. Most other states don't require it but treat its absence as significant evidence of procedural unfairness.
Joint representation — one attorney for both spouses — creates a conflict of interest that the attorney cannot ethically resolve when the agreement allocates assets between the parties. Courts routinely use joint representation as grounds for invalidation.
Related terms
- Voluntariness — The requirement that both spouses signed the prenup of their own free will, without fraud, duress, coercion, or undue influence.
- Seven-Day Rule — California's statutory requirement that at least seven calendar days pass between presenting the final prenup and signing it. Agreements signed inside the window are automatically unenforceable.
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