Premarital agreements: enforcement.

Existing law establishes conditions under which a premarital agreement is not enforceable, including when the party against whom enforcement is sought proves that party did not execute the agreement voluntarily. Existing law, effective January 1, 2002, deems that a premarital agreement was not executed voluntarily unless the court finds, among other things, that the party against whom enforcement is sought (1) was represented by independent legal counsel at the time of signing the agreement or was advised to seek legal counsel and waived representation and (2) had at least 7 days between being first presented with the agreement and being advised to seek counsel and the time the agreement was signed. This bill would require the advisement to seek independent legal counsel described above to be made at least 7 days before the final agreement is signed. The bill would state that this provision is declaratory of existing law. The bill would also provide, with respect to premarital agreements executed on or after January 1, 2020, that the agreement may not be deemed voluntary unless the party against whom enforcement is sought had at least 7 days between being first presented with the final agreement and signing the agreement, regardless of whether the party is represented by legal counsel.