When a marriage is declared null and void, an agreement that would otherwise have been a pre-marital agreement is enforceable only to the extent necessary to avoid an unwarranted result. b) A question of the insularity of a pre-marriage contract is decided by the court. Since the agreement exists between two spouses who may have different interests and objectives in mind, it is a good idea for each spouse to be represented by their own lawyer if they sign a premarital agreement. For a pre-marriage agreement to be valid, it must be signed in writing and signed by both parties; In addition, the spouse who receives and signed the agreement: 3. The party who is the subject of an enforcement request if not represented by a lawyer has been fully informed of the terms and effects of the agreement, as well as of the rights and obligations that the party surrendered at the signing of the agreement and has mastered the language in which the party`s declaration of rights was made and in which the agreement was written. The explanation of the rights and obligations abandoned is recorded in writing and forwarded to the party before the contract is signed. The unrepresented party executes, at or before the signing of the pre-marriage contract, a document in which it states that the party has received the information requested in this paragraph and indicates who disclosed this information. (4) The agreement and documents executed in accordance with paragraphs 1 and 3 were not executed under coercion, fraud or inappropriate influence and the parties were unable to conclude the agreement. (A) For an agreement reached between 1 January 2002 and 1 January 2020, the party applying for enforcement has, between the date the final agreement was submitted, recommended seeking independent legal assistance and the date on which the agreement was signed. This requirement does not apply to non-substantial amendments that do not change the terms of the agreement. (6) The choice of the right to build the agreement.
In December 1987, Barry Bonds, the baseball player, his fiancée Sun, a Swedish waitress and makeup artist who was unemployed at the time, said he wanted a wedding before the wedding scheduled for the following year. The couple lived in Phoenix, Arizona, and planned to fly to Las Vegas on February 5, 1988 and get married the next day. On the day of the robbery, Barry and Sun met at his law firm, where a marriage agreement was first submitted to him for signature. According to court testimony, she was advised to consult an independent lawyer, but refused because she had no property. The agreement also dealt with a timetable for the property and heritage of the party, but there was no such schedule attached. The California Supreme Court upheld the Court`s assertion that the agreement was voluntary: the court found that there had been no coercion.