LAW OFFICES OF WARREN R. SHIELL
Certified Family Law Specialist
UNIFORM PREMARITAL ACT FAMILY CODE SECTIONS 1610-1617
1610. As used in this chapter:
(a) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage
and to be effective upon marriage.
(b) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal
property, including income and earnings.
1611. A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.
1612. (a) Parties to a premarital agreement may contract with respect to all of the following:
(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and
wherever acquired or located.
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security
interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of
any other event.
(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
(5) The ownership rights in and disposition of the death benefit from a life insurance policy.
(6) The choice of law governing the construction of the agreement.
(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute
imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
(c) Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is
not enforceable if the party against whom enforcement of the spousal support provision is sought was not
represented by independent counsel at the time the agreement containing the provision was signed, or if the
provision regarding spousal support is unconscionable at the time of enforcement. An otherwise unenforceable
provision in a premarital agreement regarding spousal support may not become enforceable solely because the party
against whom enforcement is sought was represented by independent counsel.
1613. A premarital agreement becomes effective upon marriage.
1614. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by
the parties. The amended agreement or the revocation is enforceable without consideration.
1615. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either
of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the
following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the
(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial
obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial
obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily
unless the court finds in writing or on the record all of the following:
(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of
signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate
writing, representation by independent legal counsel.
(2) The party against whom enforcement is sought had not less than seven calendar days between the time that
party was first presented with the agreement and advised to seek independent legal counsel and
the time the agreement was signed.
(3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the
terms and basic effect of the agreement as well as the rights and obligations he or she was giving up by signing the
agreement, and was proficient in the language in which the explanation of the party's rights was conducted and in
which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in
writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the
signing of the premarital agreement, execute a document declaring that he or she received the
information required by this paragraph and indicating who provided that information.
(4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress,
fraud, or undue influence, and the parties did not lack capacity to enter into the agreement.
(5) Any other factors the court deems relevant.
1616. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement
is enforceable only to the extent necessary to avoid an inequitable result.
1617. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is
tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for
enforcement, including laches and estoppel, are available to either party.