Marriage – Premarital Agreements – California

California

Fam: The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement. (Enacted by Stats. 1992, Ch. 162, Sec. 10.  Operative January 1, 1994.)§ 1500

Fam: A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage. (Enacted by Stats. 1992, Ch. 162, Sec. 10.  Operative January 1, 1994.)§ 1501

Fam: Nothing in this chapter affects the validity or effect of premarital agreements made before January 1, 1986, and the validity and effect of those agreements shall continue to be determined by the law applicable to the agreements before January 1, 1986. (Enacted by Stats. 1992, Ch. 162, Sec. 10.  Operative January 1, 1994.) §1503

Fam: This chapter may be cited as the Uniform Premarital Agreement Act. (Enacted by Stats. 1992, Ch. 162, Sec. 10.  Operative January 1, 1994.)§ 1600

Fam: This chapter is effective on and after January 1, 1986, and applies to any premarital agreement executed on or after that date. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)§ 1601

Fam:

(a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(b) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)§ 1610

Fam: A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)§ 1611

Fam: A premarital agreement becomes effective upon marriage. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)§ 1613

Fam: 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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)§ 1614

Fam: 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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)§ 1616

Fam: 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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)§ 1617

Fam:

(a) A premarital agreement or other marital property agreement that is executed and acknowledged or proved in the manner that a grant of real property is required to be executed and acknowledged or proved may be recorded in the office of the recorder of each county in which real property affected by the agreement is situated.
(b) Recording or nonrecording of a premarital agreement or other marital property agreement has the same effect as recording or nonrecording of a grant of real property. (Enacted by Stats. 1992, Ch. 162, Sec. 10.  Operative January 1, 1994.) 1502

Fam:

(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 and reasonable 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. (Enacted by Stats. 1992, Ch. 162, Sec. 10.  Operative January 1, 1994.)1503

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property

Disclaimer:    This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.