California : Family Code: 1610-1617
(provided by Divorce Source, Inc.)
Published 5.20.98
1610. As used in this chapter:
(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.
1611. A premarital agreement shall be in writing and signed by both
parties. It is enforceable without consideration.
1612. (a) Parties to a premarital agreement may contract with
respect to all of the following:
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(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) 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) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
(5) The ownership rights in and disposition of the death benefit from a life insurance policy.
(6) The choice of law governing the construction of the agreement.
(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.>br> (b) The right of a child to support may not be adversely affected by a premarital agreement.
1614. 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.
1615. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
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(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:
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(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.
1616. 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.
1617. 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.
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