Section § 1610

Explanation

This law defines key terms for a chapter about agreements made before marriage. A 'premarital agreement' is a deal between people planning to marry, which takes effect once they are married. 'Property' refers to any type of ownership or interest someone might have, whether it’s already theirs or expected in the future, and can include real assets like a house or personal ones like income or earnings.

As used in this chapter:
(a)CA Family Law Code § 1610(a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(b)CA Family Law Code § 1610(b) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

Section § 1611

Explanation

This law says that if you want a premarital agreement to be valid, it has to be written down and both partners have to sign it. You don’t need to exchange anything of value, like money, to make it legally binding.

A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.

Section § 1612

Explanation

This law explains what can be included in a prenup, which is a contract made before marriage. Couples can agree on who owns what property and what they can do with it, like sell or lease it. They can also decide how to divide things if they split up or if one of them dies, plan for things like wills and trusts, and specify how to manage life insurance benefits. They can choose which state's laws will apply to the prenup. However, they can't use the prenup to reduce child support in a way that's unfair. If they have clauses in the prenup about spousal support (like money paid after a divorce), the person affected must have had a lawyer when they signed it, or the clause can't be unfair when it’s applied. Otherwise, those parts won’t hold up in court. Having a lawyer alone doesn’t make an unfair clause okay.

(a)CA Family Law Code § 1612(a) Parties to a premarital agreement may contract with respect to all of the following:
(1)CA Family Law Code § 1612(a)(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
(2)CA Family Law Code § 1612(a)(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
(3)CA Family Law Code § 1612(a)(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
(4)CA Family Law Code § 1612(a)(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
(5)CA Family Law Code § 1612(a)(5) The ownership rights in and disposition of the death benefit from a life insurance policy.
(6)CA Family Law Code § 1612(a)(6) The choice of law governing the construction of the agreement.
(7)CA Family Law Code § 1612(a)(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b)CA Family Law Code § 1612(b) The right of a child to support may not be adversely affected by a premarital agreement.
(c)CA Family Law Code § 1612(c) Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. An otherwise unenforceable provision in a premarital agreement regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel.

Section § 1613

Explanation

This section means that a premarital agreement, sometimes called a prenuptial agreement or prenup, starts working or becomes valid when the couple actually gets married.

A premarital agreement becomes effective upon marriage.

Section § 1614

Explanation

After you're married, any changes or cancellation of a prenup must be in writing and signed by both spouses. You don't need to exchange anything else of value for this change to be valid.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

Section § 1615

Explanation

This law states that a premarital agreement isn't valid if one person proves they didn't sign it voluntarily or if it was unfair and they didn't fully know or understand their partner's finances. To be considered signed voluntarily, several conditions must be met: each party should have legal counsel or have explicitly waived that right in writing; there must be a wait period of seven days after being advised to seek a lawyer and before signing; if unaided by a lawyer, one must fully comprehend the agreement's terms and what rights are given up, all explained in their fluent language; they must sign acknowledging this understanding. Also, no one should have been forced, tricked, or unable to make sound decisions at the time of signing. The court decides if the deal is deemed unfair, and other relevant factors can be considered.

(a)CA Family Law Code § 1615(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1)CA Family Law Code § 1615(a)(1) That party did not execute the agreement voluntarily.
(2)CA Family Law Code § 1615(a)(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
(A)CA Family Law Code § 1615(a)(2)(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
(B)CA Family Law Code § 1615(a)(2)(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)CA Family Law Code § 1615(a)(2)(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)CA Family Law Code § 1615(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c)CA Family Law Code § 1615(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)CA Family Law Code § 1615(c)(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. The advisement to seek independent legal counsel shall be made at least seven calendar days before the final agreement is signed.
(2)CA Family Law Code § 1615(c)(2) One of the following:
(A)CA Family Law Code § 1615(c)(2)(A) For an agreement executed between January 1, 2002, and January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and advised to seek independent legal counsel and the time the agreement was signed. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement.
(B)CA Family Law Code § 1615(c)(2)(B) For an agreement executed on or after January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and the time the agreement was signed, regardless of whether the party is represented by legal counsel. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement.
(3)CA Family Law Code § 1615(c)(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 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.
(4)CA Family Law Code § 1615(c)(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)CA Family Law Code § 1615(c)(5) Any other factors the court deems relevant.

Section § 1616

Explanation

If a marriage is declared invalid, a prenuptial agreement is only valid if it prevents an unfair outcome.

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Section § 1617

Explanation

This law says that the clock for legally challenging a premarital agreement stops while the couple is married. Even so, either spouse can still argue that too much time has passed to make it fair to enforce the agreement, using defenses like laches or estoppel.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.