Are prenuptial agreements enforceable in California?

California is a UPAA state with several party-friendly enhancements added after In re Marriage of Bonds (2000) 24 Cal.4th 1.

1. Governing Statute

California adopted the Uniform Premarital Agreement Act in 1986, codified at Cal. Fam. Code §§ 1610–1617. Subject-matter rules are at § 1612; enforcement standards at § 1615.

2. Formality Requirements

The agreement must be in writing and signed by both parties (§ 1611). It becomes effective upon marriage. No consideration beyond the marriage itself is required.

3. Voluntariness

Post-Bonds legislation (SB 78, 2001) added § 1615(c): an agreement is not voluntary unless the party was represented by independent counsel (or knowingly waived counsel in a separate writing), had at least 7 calendar days between first being presented with the final agreement and signing, and was fully informed in writing of the terms and rights being given up.

4. Disclosure

§ 1615(a)(2) requires that the party seeking to avoid the agreement show no fair and reasonable disclosure of the other party's property and financial obligations, and no written waiver. Disclosure must precede signing.

5. Unconscionability

Under § 1615(a)(2), the agreement is unenforceable if unconscionable when executed AND made without adequate disclosure. Spousal-support provisions face a stricter "unconscionable at the time of enforcement" test (§ 1612(c)).

6. What Cannot Be Waived

Child support and custody cannot be predetermined (§ 1612(b)). Spousal support can be waived only if the waiving party was represented by independent counsel and the waiver is not unconscionable at enforcement.

7. Key California Case Law

In re Marriage of Bonds (2000) (Barry Bonds prenup upheld; triggered statutory reforms); In re Marriage of Pendleton & Fireman (2000) 24 Cal.4th 39 (spousal-support waivers permissible).

This is legal information, not legal advice.