If two person want to get married and both are agree with writing a "Prenuptial agreement", should they provide it while they want to get their marriage license or there is no need to provide this agreement anywhere except at the court maybe they want to get divorce a day?
If they write an agreement by themselves and sign it together( either before or after marriage), will this paper work at the court in the future when they want to get divorce?
To supplement the correct answer by user6726:
There is no need anywhere in the US to file a prenuptial agreement with county clerk or any other part of the government when applying for a marriage license, or at any time before the wedding. It is a private agreement, and there is no need to show it to anyone but the parties concerned, and their lawyers (if any), until and unless one party wishes to invoke it, normally in the event of a divorce or separation.
The exact requirements vary by state, but in all stats it is often wise to consult a lawyer for each party. If one or both parties do not consult a lawyer in regard to a "prenup", then it is important to carefully follow the specific law of the state(s) where the parties are now living pr plan to live. Failure to do so may make the agreement unenforceable.
There is no requirement in California to file a prenuptial agreement before obtaining a license. There is a requirement for disclosure of property and finances, 7 days minimum to review the agreement and being represented by a lawyer or waiving representation, specifically:
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.
It is possible for a couple to write their own agreement without hiring separate lawyers, but the law is written so as to presume that if not advised by independent counsel, the agreement is unenforceable. The presumption can be overcome by carefully following the requirements of §1615, for example, the party against whom the agreement is to be enforced was
fully informed of the terms and basic effect of the agreement as well as the rights and obligations the party was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that the party received the information required by this paragraph and indicating who provided that information.
