§ 1616 Void Marriage Premarital Agreements

Family Code·California

AI SummaryVerified

This law says that if a marriage is found to be invalid, any agreement made before the marriage (like a prenup) can still be used, but only to prevent unfairness.

Key Takeaways

•If a marriage isn't legal, prenup rules can still apply.
•The prenup is only used to stop unfair outcomes.
•Not all parts of the prenup may be enforced—just what's needed to be fair.

Example

A couple signs a prenup before getting married, but later find out their marriage isn't legally valid.

The court can still use parts of the prenup to make sure one person doesn't get treated unfairly, like if one person gave up a job or property for the marriage.

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

Official Source

View on CA.gov

§ 1616 Void Marriage Premarital Agreements

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 9, 2026

Key Terms

void premarital agreement inequitable result

References

Official text at leginfo.legislature.ca.gov
California Legislature. Family Code. Section 1616.

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Key Takeaways

Example

Key Terms

Related Statutes

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