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HomeFamily CodeDiv. 4Pt. 5Ch. 2Art. 2§ 1612 Premarital Property Rights Agreement

§ 1612 Premarital Property Rights Agreement

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1612 Premarital Property Rights Agreement

This law says that before getting married, two people can make an agreement about their money, property, and other things. But they can't take away a child's right to be supported by their parents.

Key Takeaways

  • •Couples can decide who gets what property if they divorce or one of them dies.
  • •They can't make rules that hurt a child's right to support.
  • •If one person didn't have their own lawyer when signing, rules about spousal support might not count.

Example

A couple plans to get married. One person owns a house, and the other has a lot of student loans.

They can make an agreement before marriage saying the house stays with the original owner if they ever divorce. But they can't agree to stop supporting any kids they might have in the future.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1612 Premarital Property Rights Agreement

(a) Parties to a premarital agreement may contract with respect to all of the following: (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. (b) The right of a child to support may not be adversely affected by a premarital agreement. (c) Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, 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. An otherwise unenforceable provision in a premarital agreement regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel. (Amended by Stats. 2001, Ch. 286, Sec. 1. Effective January 1, 2002.)

Last verified: January 9, 2026

Key Terms

premarital agreementproperty rightsspousal supportindependent counselunconscionablechild support

Related Statutes

  • § 1610 Premarital Agreement Definitions
  • § 1611 Premarital Agreement Requirements
  • § 1613 Premarital Agreement Effectiveness
  • § 1614 Amending Premarital Agreements
  • § 1616 Void Marriage Premarital Agreements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 1612.
View Official Source