Premarital agreements entered into after January 1, 1986 are governed by the Uniformed Premarital Agreement Act which can be found at California Family Code Sections 1600 -1617.
There are strict requirements imposed under the Act:
- The agreement must be in writing;
- The party against whom enforcement of the agreement is sought must have been represented by independent legal counsel or, after being advised to seek such counsel, expressly waived such representation in a separate writing;
- The party against whom enforcement is sought had at least seven calendar days to review the agreement before it was signed; and
- If the party against whom enforcement is sought was not represented, was fully informed in writing, in a language in which the party was proficient, of the terms and basic effects of the agreement and acknowledged in writing the receipt of such information.
- The party seeking to enforce the agreement must have made full disclosure of assets and debts.