CALIFORNIA FAMILY LAW
...Premarital and Postnuptial Agreements
......Agreements Not Enforced
.........Burden of Proof re Validity
4 Cards On This Topic:
  • Party seeking to enforce premarital agreement has burden of proving that it was entered into voluntarily. (Fam. Code §1615.)
  • Party challenging agreement has burden of establishing that it was involuntary.
  • Until a court makes all five findings required by Fam. Code §1615 (c), a PMA is presumed to be unenforceable.
  • Burden of proof re validity of premarital agreement falls on party challenging agreement.