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HomeFamily CodeDiv. 4Pt. 5Ch. 2Art. 2§ 1615 Premarital Agreement Enforcement Limits

§ 1615 Premarital Agreement Enforcement Limits

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

§ 1615 Premarital Agreement Enforcement Limits

This law says a premarital agreement (a contract before marriage) isn't valid if one person was forced to sign it or if it was super unfair when they signed it.

Key Takeaways

  • •A premarital agreement isn't valid if someone was forced to sign it.
  • •An agreement is also invalid if it was super unfair when signed and the person didn't know about the other's money or property.
  • •You need at least 7 days to think about the agreement before signing it.
  • •If you don't have a lawyer, you must be told what you're giving up in the agreement in writing.

Example

A couple signs a premarital agreement, but one person didn't get to see the other's money or property details before signing.

If the agreement was really unfair and the person didn't know about the other's money or property, a court might say the agreement isn't valid.

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

Official Source
View on CA.gov

§ 1615 Premarital Agreement Enforcement Limits

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (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. (b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. (c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following: (1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel. The advisement to seek independent legal counsel shall be made at least seven calendar days before the final agreement is signed. (2) One of the following: (A) For an agreement executed between January 1, 2002, and January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and advised to seek independent legal counsel and the time the agreement was signed. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement. (B) For an agreement executed on or after January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and the time the agreement was signed, regardless of whether the party is represented by legal counsel. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement. (3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations the party was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that the party received the information required by this paragraph and indicating who provided that information. (4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement. (5) Any other factors the court deems relevant. (Amended by Stats. 2019, Ch. 193, Sec. 1. (AB 1380) Effective January 1, 2020.)

Last verified: January 9, 2026

Key Terms

agreementenforcementwaiverpropertyobligationunconscionabilityexecutionrepresentation

Related Statutes

  • § 17514 Child Abduction Records Confidentiality
  • § 17522 Child Support Levy Enforcement
  • § 1610 Premarital Agreement Definitions
  • § 17416 Child Support Agreement Judgment
  • § 17504.2 Support Payment Pass-Through

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 1615.
View Official Source