Premartial Agreements in California’s Family Code

California’s Family Code, in Division 4, Part 5, Chapter 2, Article 2, provides the Uniform Premarital Agreement Act and has specific rights and obligations for premarital agreements. Section 1610 defines the terms “premarital agreement” and “property.”

Section 1611 requires a premarital agreement to be in writing and signed by both parties. It is enforceable without consideration.

Section 1612 specifies that parties to a premarital agreement may contract with respect to seven specified areas. The right of a child to support may not be adversely affected by a premarital agreement. Any provision in a premarital agreement regarding spousal support 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.

Section 1613 specifies that a premarital agreement becomes effective upon marriage.

Section 1614 states that, 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 provides that a premarital agreement is not enforceable if the party against whom enforcement is sought proves either of two specified facts. An issue of unconscionability of a premarital agreement is decided by the court as a matter of law.

In addition, it is deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all six specified conditions.

Section 1616 says that, 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 1616 provides that 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.