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Understanding Premarital and Prenuptial Agreements in Orange County, California – Part II

On Behalf of | Mar 27, 2014 | Prenuptial Agreements


Let’s dive a little deeper into the law that governs California prenuptial and premarital agreements. As we discussed last time, the important California Family Code Sections are sections 1600 through 1617. Section 1613 says that premarital agreements go into affect once a couple gets married. 1614 sets the conditions for when such agreements can be amended or revoked. For instance, both parties need to sign such an amendment.

Section 1615 lays out when and how a premarital agreement will not be considered enforceable. For instance, if one spouse can prove that he or she did not enter into the contract voluntarily, the premarital agreement doesn’t apply. Another way to “bust” the premarital agreement is to prove that the agreement was unconscionable — e.g. one person did not offer up a fair or complete disclosure of assets or liabilities. The court decides “unconscionability” as a matter of law.

The court can also consider other relevant factors. For instance, perhaps you did not know about the other person’s debts or assets – or you could not have reasonably known about them. If that’s the case, the court may say that the prenuptial agreement is invalid.

The moral here is that the rules can be quite complicated. Use an experienced legal team to guide you through the process, so you don’t make errors or needlessly complicate your situation. Connect with the team at Demmerle & Dinnebier for a confidential, thorough case consultation.