California Prenuptial Agreement Act
The California Premarital Agreement Act was enacted in 1985, and subsequently amended in 2001. The Act is embodied in California Family Code Sections 1610-1617. The Act spells out requirements for execution and enforcement of premarital agreements in California.
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Formalities
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Under the CPAA, a valid premarital agreement must be written, rather than oral, and signed by both parties.
Subjects of Agreement
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The CPAA allows parties to contractually vary their statutory rights on numerous subjects, including post-marital financial support, property management rights and the choice of law to govern the contract. However, a California premarital agreement cannot alter children's support rights.
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Revocation
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The CPAA stipulates that, in order to revoke or otherwise change a premarital agreement, both parties must craft a new agreement, in writing, and sign it.
Enforcing the Agreement
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Under the CPAA, a California court cannot enforce the agreement if one party can prove either that his execution of the agreement was involuntary, or that the agreement was unfair and the party arguing against enforcement did not receive access to the other party's financial information (unless he had legally waived that access).
Voluntary Execution
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Under the CPAA, voluntary execution of a premarital agreement requires, among other things, independent counsel (or waiver of same) and seven days for the party waiving her rights to peruse the agreement before signing.
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References
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