To: Supervising Attorney
Date: March 17, 2014
Re: Prenuptial Agreement
This memo is in regards to the prenuptial agreement that you had a question on. The Uniform Premarital Agreement Act as defined means: (1) ‘Premarital agreement’ means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) ‘Property’ means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. (Uniform Premarital Agreement Act) This act has the provisions that can and cannot be in prenuptial agreement. California has adopted the UPAA as long as it doesn’t violate any state laws.
In California the following must be followed in order to make the pre-nup valid: there must be financial disclosure, the premarital agreement must not be unconscionable, there must not be any coercion, and the parties must understand what they are signing. California requires that there be at least seven days between when a party is first presented with an agreement and when the agreement is signed. The way a pre-nup can be invalid: (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, reasonable, and full 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. (CA. Family Code Section 1610-1617)
I don’t think that prenuptial agreements should be compulsory. I think that everyone should have a choice on whether they want...