ONCALL
...Family Law
......Premarital and Postnuptial Agreements
9 Cards On This Topic:

Until a court makes all five findings required by Fam. Code §1615 (c), a PMA is presumed to be unenforceable.

Until it has been adjudicated that a PMA satisfies all of FC §1615(c)'s requirements, temporary s/s properly awarded even where waived in the PMA.

The trial court may retroactively modify the temporary s/s order and order reimbursement of amounts paid in temporary s/s if a waiver in a PMA is found to be enforceable.

A contract purporting to hold one spouse liable for revealing the secret of another is unenforceable because it would "alter their legal relations."

Failure to make reasonable inquiry to ascertain or effort to understand the meaning and content of the contract precludes rescission for unilateral mistake of fact.

A pre-2002 premarital spousal support agreement may be found unenforceable as against public policy solely because it is unconscionable at the time of enforcement.

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

Recitations of representation in a premarital agreement do not conclusively establish a party was represented.

Parties cannot contravene statutes enacted for public policy reasons, such as section 1615, by private agreement or subsequent conduct.