Bills · 2011-2012 Regular Session
approving premarital agreements.
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Under current law, in an action for annulment, divorce, or legal separation,
there is a presumption that the property of the parties will be divided equally. The
court may alter that distribution, however, after considering a number of specified
factors, including whether the parties made a written agreement before or during the
marriage concerning an arrangement for property distribution. If the parties have
made such an agreement, the agreement is binding on the court unless it is
inequitable to either party. Case law provides that such an agreement must satisfy
three criteria to be equitable: 1) there must have been fair and reasonable disclosure
of the financial status of each party at the time the agreement was made; 2) the
agreement must have been entered into voluntarily and freely; and 3) the provisions
of the agreement must be fair to each party both when it was made and at the time
of the action.
This bill provides that, in an action for annulment, divorce, or legal separation,
a premarital agreement is binding on the court with respect to property division and
maintenance (formerly known as alimony).