(5) Any other factors the court deems relevant.

I accept cases involving the negotiation of prenuptial agreements statewide in California. At the negotiaton stage, no court work is involved. You should approach an attorney with your proposals at least eight weeks before your prospective marriage. ■





The terms of a prenup may not violate public policy or a statute imposing a criminal penalty. Also parties cannot adversely affect a child's right to support under their premarital agreement. After all, our kids don't sign them.

fc 1615 mandates fair reasonable and full disclosure
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.

other consequences of fc 1615(c)
The rigors of this section have numbed the interest of many attorneys to negotiate prenups. Those that still do, insist on having an attorney on other other side too. The seven-day day cooling-off period also prevents the suprise presentation of a prenup on the night before the wedding. FC 1615(c) protects the weaker party and requires more formal terms for contractants. ■
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