CALIFORNIA FAMILY LAW
...Premarital and Postnuptial Agreements
......Agreements Enforced
.........Agrmts Relating to Property Rights
11 Cards On This Topic:

Antenuptial agreements will be enforced unless terms are promotive of divorce.

PMA may trump title presumptions.

Antenuptial agreements are favored by court.

Postnuptial agreement valid; standard defenses rejected; fiduciary duty narrowed.

Postmarital agreement held valid; amendments to UPAA n/a to postmarital agreements.

If primary purpose of agreement is to define property rights, violation of other non-material provisions does not result in rescission.

Cal. antenuptial agreement held valid in N.J. despite (1) W's signature few hours before ceremony, (2) no independent counsel for W, and (3) no full disclosure of property by H.

Mexican prenuptial agreement, signed as part of the wedding ceremony, held valid.

Written agreement that H would leave W $5,000 from his estate if she would marry him held enforceable.

Agrmts relating to property rights.

Prenup that makes parties' earnings s/p means IRS can't levy on W's salary to recover H's premarital tax debt.