Voluntariness
The requirement that both spouses signed the prenup of their own free will, without fraud, duress, coercion, or undue influence.
Voluntariness is one of the two pillars of prenup enforceability (along with adequate disclosure). Courts scrutinize the surrounding circumstances: timing relative to the wedding, whether each party had independent counsel, whether there was any ultimatum, whether the agreement was negotiated or take-it-or-leave-it.
The textbook duress fact pattern is signing the day before the wedding, with no time to consult counsel, while family is already gathered and the wedding cannot reasonably be canceled. California codified this concern with the 7-day rule (Cal. Fam. Code §1615(c)(2)) requiring at least 7 calendar days between final draft and signing.
Related terms
- Duress — Improper pressure that overcomes a person's free will, rendering their consent legally ineffective. A common ground for invalidating prenups.
- Independent Counsel — Each spouse having their own attorney during prenup negotiation. Required by statute in California; heavily weighted in every other state.
- 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.
- Unconscionability — A judicial doctrine that allows courts to refuse to enforce contracts that are shockingly unfair. The second pillar (with voluntariness) of prenup invalidation.
Back to the full glossary or browse state-by-state cost guides.