What are the requirements for a prenuptial agreement to be deemed signed voluntarily?

🤧 Community Property • Altering Character of Assets by Agreement CPROP#035

Legal Definition

An agreement is voluntary where (1) the party against whom enforcement is sought was represented by independent legal counsel or expressly waived that requirement; (2) the party was given at least 7 days to sign the agreement; and (3) if unrepresented, the party was fully informed in writing (in a language in which the party is proficient) of the terms and basic effect of the agreement, and the agreement was not executed under duress, fraud or undue influence.

Plain English Explanation

For a prenuptial agreement to be considered signed voluntarily, the following must happen: (1) The person the agreement is against either had their own independent lawyer or expressly gave up that right; (2) They were given at least 7 days to sign it; and (3) If they did not have a lawyer, they must have been fully informed in writing in their own language about what the agreement says and basically means, and they must not have signed it because of force, fraud or undue pressure.

Hypothetical

Hypo 1: Bob and Amy are getting married. Bob is wealthy and wants a prenuptial agreement. He hires a lawyer to draft it and gives it to Amy. Amy doesn't have a lawyer and says she doesn't want one, and Bob provides her with a clear, written explanation of the agreement in Spanish, as it's her primary language. Amy takes a week to consider and signs the agreement. Result: The agreement was signed voluntarily since Amy had a week to consider it and received a clear explanation in her language.

Hypo 2: Bob presents a prenuptial agreement to Amy three days before their wedding. Amy feels rushed but signs it anyway without a lawyer or a detailed explanation. Result: This agreement might not be considered voluntary because Amy didn't have a week to consider it and lacked a detailed explanation or legal advice + amy felt rushed and pressured before the wedding.

Hypo 3: Bob and Amy are planning to marry. Bob gives Amy a prenuptial agreement and insists she signs it immediately. Amy feels pressured and signs it without reading or understanding it fully. Result: This agreement could be considered involuntary due to the pressure and lack of understanding, as well as the absence of a week's consideration or legal advice.

Hypo 4: Before marrying, Bob and Amy discuss a prenuptial agreement. Bob's lawyer drafts it, and Amy, who is fluent in English, gets her own lawyer to review it. She signs it after seven days. Result: Amy's agreement was voluntary since she had her own lawyer and took her time to decide.

Visual Aids

What are the requirements for a prenuptial agreement to be deemed signed voluntarily?

Related Concepts

Are California spouses bound by community property rules against their will? Can parties agree to limit child support in a prenuptial agreement? What are the defenses to enforcement of a prenuptial agreement? What are the requirements for a proper prenuptial agreement, and what are the exceptions? What are the two main types of unconscionability claims and who decides on them? What happens to terms within a prenuptial agreement that are deemed to promote divorce?

Back to Altering Character of Assets by Agreement All Topics

Get Law School Boost for Free!

Law School Boost makes studying for law school and the Bar easier using our science-backed, A.I.-driven, adaptive flashcards with integrated hypos, plain English legal translations, and memorable illustrations. Start now for FREE!