CALIFORNIA FAMILY LAW
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Premarital and Postnuptial Agreements
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Agreements Not Enforced
.........Self-Represented Parties
4 Cards On This Topic:
Strict requirements must be met if premarital agreement is to be enforceable against unrepresented party.
Recitations of representation in a premarital agreement do not conclusively establish a party was represented.
When the evidence shows an unrepresented party was not provided with the 7-day period for review required by FC §1615 (c)(2), the agreement's recitation that the review period was provided is not binding.
Attorney dealing with pro per has a strict duty to deal fairly and objectively; resulting agreement carefully scrutinized for fairness. Independent counsel for both preferred.