California Pre/Post Marital Agreements: August 2001 Summary

Legal Developments

Spousal Support Waivers

SB 78 is currently pending in the Legislature. The bill would amend Family Code §1612(c) to provide that a premarital agreement concerning spousal support is not enforceable against a party who did not have independent counsel. The bill is a backlash against Pendleton and Fireman.

Agreement Close to Wedding Date

In response to the Bonds and Pendleton cases, SB 78 also requires a seven day waiting period between the time an agreement is presented to a party and the agreement's execution date.