CALIFORNIA FAMILY LAW
...Premarital and Postnuptial Agreements
......Agreements Not Enforced
.........Defenses to Agrmts
8 Cards On This Topic:

Statutory defenses to premarital agreement.

A premarital agreement that is not enforceable under section 1615 is void, not voidable, and accordingly cannot be ratified.

EC §622 does not preclude a challenge to false boilerplate recitations in a PMA in a situation lacking arm's length negotiations or when the contract itself is invalid.

Agreement repudiated by H's conduct, as well as being contrary to public policy. List of defenses.

Failure to perform a material condition of antenuptial agreement is a defense to its enforcement.

Agreements promotive of dissolution are void.

Potential defenses to prenuptial agreements rejected by courts.

Potential defenses rejected by courts.