Family Code section 1615 provides that a premarital agreement is unenforceable against a party unrepresented by counsel who had less than 7 days between the date first presented with the agreement and his or her signing it. This opinion holds that such an agreement is unenforceable despite a recital that 7 days time was given if the evidence shows that in fact less time intervened between presentation and signature. It also holds that this protection also applies to the party that initially proposes the premarital agreement. Here, bridegroom, unrepresented by counsel, proposed a premarital agreement. Bride hired an attorney who redrafted the agreement and sent it back to both parties who signed it a day later. Though it recited each had had 7 days to review it, the agreement was unenforceable.
California Court of Appeal, First District, Division Five (Needham, J.); January 24, 2018; 2018 WL 524777.