Independent California Prenuptial Agreement Review (One Party Only)
Before you sign, I read the entire agreement in your interest only: what you are agreeing to, what you would be waiving, and where it is vulnerable under California law. Flat $575.
Ask my AI Legal Analyst about your California prenup
It scopes your situation and explains how California law treats the clauses you are worried about: the seven-day rule, disclosure, the spousal-support waiver, and separate-property reimbursement. The paid review of your actual agreement is the flat $575 independent review. AI-generated legal information, not legal advice.
This is a page-aware workflow built on my California premarital-agreement review playbook and Family Code Sections 1615, 1612, and 2640, not a generic chatbot. Pricing and scope answers below open instantly and free; the AI is for matching your situation to the right step before you sign.
A clause-by-clause review in your interest only, a plain-language explanation of exactly what you are agreeing to and what you would be waiving, an enforceability red-flag report against the California statutes, written comments or a marked-up copy with recommended changes, a consultation, and where appropriate a signed certificate of independent legal advice relevant to a spousal-support waiver under Family Code Section 1612(c).
No. This is a one-party, limited-scope engagement: review and advice for the party who hires me. I do not draft the agreement, do not represent both sides, and do not appear in court. Limited-scope representation is normal and ethical in California. If you need the agreement drafted, that is a separate engagement.
Timing is itself a legal issue. Under Family Code Section 1615(c)(2), for agreements signed on or after January 1, 2020, you need at least seven calendar days between first receiving the final agreement and signing it, even with a lawyer. A rushed signature can by itself make the agreement unenforceable. Send me the agreement as early as you can so the timeline does not become the problem.
The flat $575 covers a normal-length prenuptial agreement and its schedules. An unusually long or complex agreement, or extensive back-and-forth, is billed at $240 per hour for the overflow, and I confirm any overflow with you in advance before doing the extra work. There are no surprise charges.
Attorney-supervised AI · general information, not legal advice. The paid review of your actual agreement is the flat $575 independent California prenup review. For a one-off written opinion on a single question, see the $240 Written Attorney Consultation. Sergei Tokmakov, Esq., CA Bar #279869.
A prenuptial agreement is usually drafted by the other side's lawyer, for the other side. My job here is narrow and entirely yours: read every clause in your interest, tell you in plain language what you are agreeing to and what you would be waiving, and flag where the agreement is vulnerable under California law before you sign. Everything below is folded; open what you need.
📝 What you get for $575 A clause-by-clause review in your interest, an enforceability red-flag report, and a consultation.
- A clause-by-clause review in your interest only, reading the agreement as your lawyer, not a neutral.
- A plain-language explanation of exactly what you are agreeing to and what you would be waiving, with no jargon.
- An enforceability red-flag report measured against Family Code § 1615, § 1612, and § 2640.
- Written comments and/or a marked-up copy with recommended changes you can take back to the other side.
- A consultation to walk through the report and answer your questions.
- Where appropriate, a signed certificate of independent legal advice relevant to the enforceability of a spousal-support waiver under § 1612(c).
Why the certificate matters. California law treats a spousal-support waiver differently from the rest of the agreement. Section 1612(c) makes a support provision unenforceable against a party who was not represented by independent counsel at signing. A documented independent review and a certificate go directly to that requirement. I do not promise any particular outcome, but the structure matters and I make sure it is in place where it should be.
⚖️ The California enforceability framework Seven-day rule, disclosure, independent counsel, unconscionability, support waivers, reimbursement, VA disability. Tap a card to flip it.
These are the levers California courts actually use to decide whether a prenup, or a particular clause, holds up. Each card shows the rule on the front; tap or click to flip it for what it means for you. I check your agreement against every one of them.
The seven-day rule
At least 7 calendar days between the final agreement and your signature. The formality trap.
Tap to flip →What it means for you
For agreements signed on or after January 1, 2020, you must have had at least seven calendar days between first being presented the final agreement and signing it. This applies even if you have a lawyer.
A collapsed window, a signature pushed through days before the wedding, can by itself defeat enforcement. I check this timeline first because it can decide everything.
Fair and reasonable disclosure
Unconscionable plus no fair disclosure equals unenforceable, unless disclosure was waived in writing.
Tap to flip →What it means for you
A premarital agreement is unenforceable if you did not sign voluntarily, or if it was unconscionable when signed and you did not receive a fair and reasonable disclosure of the other party's property and finances and did not waive that disclosure in writing.
I check whether the financial schedules attached to your agreement are actually fair and reasonable, and whether any waiver was knowing.
Voluntary signing
Independent counsel at signing, or an express written waiver of counsel after being advised to seek it.
Tap to flip →What it means for you
For the signing to count as voluntary, you either had independent legal counsel at signing, or you expressly waived counsel in writing after being advised to seek it.
Hiring me for this review is the independent-counsel side of that requirement. It is one of the cleanest things you can do to support enforceability and to make sure you understand the deal.
Spousal-support waivers
Not enforceable without independent counsel, or if unconscionable at enforcement. Counsel alone is not a cure.
Tap to flip →What it means for you
Any spousal-support provision, including a waiver of support, is not enforceable against you if you were not represented by independent counsel when you signed, or if the provision is unconscionable at the time of enforcement.
Independent counsel alone does not cure an unconscionable provision. This is exactly why an independent review and a certificate matter, and why I flag a support waiver as a high-stakes clause.
Separate-property reimbursement
Down payments and principal paydown can be reimbursed or build a community interest, unless waived in writing.
Tap to flip →What it means for you
Section 2640 lets a spouse be reimbursed for separate-property contributions to community or the other's separate property, such as a down payment, principal paydown, or improvements. It excludes interest, taxes, insurance, and appreciation, is capped at the property's net value, and can be waived in writing.
Under Moore and Marsden, community principal paydown on a separate-property home can give the community a pro tanto interest, which a reimbursement waiver can eliminate. I flag any clause that waives these rights so you see what you are giving up.
VA disability is separate, but counts as income
Not divisible as community property, yet relevant to support. A waiver becomes more consequential.
Tap to flip →What it means for you
VA disability compensation is generally the veteran's separate property and is not divisible as community property. It can still be counted as income when spousal support is considered.
So if benefits are in the picture, a support waiver carries extra weight: you may be waiving a claim on income the other spouse keeps. I point this out so you can weigh it deliberately, not by accident.
I describe the law, I do not promise an outcome. Whether a specific clause survives depends on the facts at the time of enforcement, which can be years away. The value of the review is that you sign with your eyes open and that the clean, supportable formalities are in place where they can be.
🎯 Scope: one-party review and advice only I review and advise you. I do not draft the agreement, represent both sides, or appear in court.
This is a deliberately limited engagement so you get focused, affordable, fully-in-your-corner advice. Limited-scope representation is normal and ethical in California.
Included
- Independent review of one prenuptial agreement on behalf of one party (you).
- Advice on what to ask the other side to change before signing.
- Written comments or a marked-up copy, plus a consultation.
Not included in the flat fee
- Drafting the agreement from scratch (separate engagement).
- Representing both parties or acting as a neutral.
- Court appearances, litigation, or family-law filings.
- Negotiating directly with the other side's attorney on your behalf as a multi-round matter (we can scope that separately if you want it).
If after the review you decide you want the agreement redrafted, or you want me to handle a back-and-forth negotiation, I will quote that as a separate engagement before any extra work begins. You are never moved into a larger scope without agreeing to it first.
💰 Pricing: $575 flat One agreement, one party. Overflow on unusually long agreements at $240 per hour, agreed in advance.
Everything in What you get: clause-by-clause review in your interest, plain-language explanation of what you are waiving, enforceability red-flag report, written comments or marked-up copy, a consultation, and where appropriate a signed certificate of independent legal advice for a Section 1612(c) support waiver.
Included: a normal-length prenuptial agreement and its financial schedules, one party, one review with a consultation.
Overflow ($240/hr): unusually long or complex agreements, extensive schedules, or extended back-and-forth, billed only for the extra hours and only after I confirm the overflow with you in advance.
How it works →No surprise charges. The flat $575 is the price for a standard one-party review. If your agreement is long enough to run into overflow, I tell you the estimate before doing the extra work, and you decide.
Need only a written answer to a single question about a clause, rather than a full review? That is the $240 Written Attorney Consultation. The full independent review of the whole agreement is this $575 package.
📋 How it works Send the agreement and schedules, I review against the statutes, you get the report and a consultation.
- Start the intake and send me the proposed agreement, any financial-disclosure schedules, and your wedding date or signing deadline.
- I read it in your interest and check it against Family Code §§ 1615, 1612, and 2640, the seven-day timeline, disclosure, and any spousal-support or reimbursement waivers.
- You receive the enforceability red-flag report, written comments or a marked-up copy with recommended changes, and, where appropriate, a certificate of independent legal advice.
- We have a consultation so you can ask questions and decide what to take back to the other side before you sign.
Send it early. Because of the seven-day rule, timing can decide enforceability. The earlier I see the final agreement, the more room you have to fix problems instead of being rushed into a signature.
Ready for an independent review before you sign?
Flat $575, one party, fully in your corner. Start the intake and send me the agreement; I will confirm timing and any overflow before any extra work.
Frequently asked questions
Each question is closed; tap to open.
Why do you only review for one party?
Independent advice means undivided loyalty. If I advised both of you, I could not push hard for your interest on the clauses where your interests diverge, and California law expects each party to have their own independent counsel. Reviewing for one party keeps me entirely in your corner and supports enforceability, especially for a spousal-support waiver under Section 1612(c).
My wedding is in two weeks. Is it too late?
It may not be too late to review, but timing is itself a legal issue. Under Section 1615(c)(2), agreements signed on or after January 1, 2020 require at least seven calendar days between first receiving the final agreement and signing it, even with a lawyer. A signature pushed through inside that window can by itself make the agreement unenforceable. Send me the agreement as early as possible so the timeline is a strength, not a problem.
The prenup waives spousal support. Will that hold up?
It depends on the facts, and I will not promise an outcome. Section 1612(c) makes a support provision unenforceable against a party who was not represented by independent counsel at signing, or if the provision is unconscionable at the time of enforcement. Independent counsel alone does not cure an unconscionable provision. The review tells you exactly what you would be waiving and whether the formalities that support enforceability are in place.
There is a house involved. What should I watch for?
Watch for waivers of separate-property reimbursement. Under Section 2640 a spouse can be reimbursed for a down payment, principal paydown, or improvements (excluding interest, taxes, insurance, and appreciation, capped at net value), and under the Moore and Marsden rule community principal paydown on a separate-property home can build a community interest. A reimbursement waiver can eliminate both. I flag any such clause so you understand the dollars at stake before agreeing.
Does the prenup affect VA disability benefits?
VA disability compensation is generally the veteran's separate property and is not divisible as community property under Howell v. Howell and 38 U.S.C. Section 5301. It can still be counted as income when spousal support is considered, which makes a support waiver more consequential if benefits are in the picture. If that applies to you, I point out how a support waiver interacts with that income.
What documents do you need from me?
The proposed prenuptial agreement, any financial-disclosure schedules or exhibits attached to it, and your wedding date or signing deadline. If there is a specific clause worrying you, point me to it. The more complete the package, the more useful the review.
Do you draft prenups or only review them?
This $575 package is review and advice for one party. I do not draft the agreement under this engagement and I do not represent both sides. If you want a prenup drafted from scratch, that is a separate engagement we would scope on its own. You can also explore my prenuptial agreement generator as a starting point, but a generated template is not a substitute for independent review.
How fast can you turn this around?
Typically a few business days after I receive the complete agreement and schedules, depending on length and how close your signing deadline is. Tell me your wedding date in the intake and I will confirm timing. Because of the seven-day rule, earlier is always better.
Disclaimer. This page is informational and attorney-supervised; it is not legal advice and does not create an attorney-client relationship. No attorney-client relationship exists until I have run a conflict check, we have a signed engagement, and the fee is paid. Statutes and case law change and outcomes depend on your specific facts. Sergei Tokmakov, Esq., California Bar #279869.