How to Show that the Prenup Wasn’t Forced

A premarital agreement (prenup) isn’t enforceable against a party who didn’t enter into it voluntarily. Fam C §1615(a)(1).  Here’s how you can ensure that a question of duress won’t derail your prenup. Continue reading

Do This Before Getting a Mediator Involved with a Prenup

Mediators are increasingly involved in helping parties negotiate premarital agreements, or prenups, because mediation is a nonadversarial way to approach the process. But before your client uses a mediator, draft an agreement that covers the terms of mediation. Continue reading

Love and Marriage…and Prenups

prenup_153168603It may not seem very romantic to discuss prenups right before Valentine’s Day, but some people consider them to be an important bridge to cross on the way to happily married life.  Continue reading

Until the End of the Contract Do We Part

The rumor that Tom Cruise and Katie Holmes signed a five-year marriage contract prompted a New York Time’s article on the idea of 20-year renewable marriage contracts as a way of overhauling marriage in our society. The idea of short-term, renewable marriage contracts can be appealing, but would such agreements be enforceable under California law? The hitch may be in California law’s abhorrence of anything that promotes divorce. Continue reading

What Can and Can’t Go Into a Premarital Agreement

With the recent nuptials of Mark Zuckerberg and Priscilla Chan, there has been speculation as to whether the billionaire Facebook CEO had Ms. Chan sign a premarital agreement. We may never know the answer to that question — at least not if the marriage is a successful one — but we do know that premarital agreements are recognized under California law. But that doesn’t mean you can agree to anything in a premarital agreement; there are some things that you just can’t sign away. Continue reading