California Premarital Agreements
CALIFORNIA FAMILY CODE
UNIFORM PREMARITAL AGREEMENT ACT
Family Code Section 1615
(a) A premarital agreement is not enforceable if the party against whom
enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution
of the agreement, all of the following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure
of the property or financial obligations of the other party.
(B) That party did not voluntarily and expressly waive, in writing, any
right to disclosure of the property or financial obligations of the other
party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate
knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided
by the court as a matter of law.
(c) For the purposes of subdivision (a), it shall be deemed that a premarital
agreement was not executed voluntarily unless the court finds in writing
or on the record all of the following:
(1) 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.
(2) The party against whom enforcement is sought had not less than seven
calendar days between the time that party was first presented with the
agreement and advised to seek independent legal counsel and the time the
agreement was signed.
(3) The party against whom enforcement is sought, if unrepresented by legal
counsel, was fully informed of the terms and basic effect of the agreement
as well as the rights and obligations he or she 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 he or she
received the information required by this paragraph and indicating who
provided that information.
(4) The agreement and the writings executed pursuant to paragraphs (1)
and (3) were not executed under duress, fraud, or undue influence, and
the parties did not lack capacity to enter into the agreement.
(5) Any other factors the court deems relevant.