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March 2011

Prenuptial Agreements and the seven day waiting period

The Court of Appeal for the First Appellate Division in the case of In re Marriage of Faso filed January 11, 2011, has held that the seven day waiting rule in Family Code section 1615 (c)(2) does not apply where a party against whom enforcement was sought was represented at the outset by an attorney. In this case, both husband-to-be and wife-to-be were presented by attorneys. Both parties had considerable assets. Husband-to-be submitted a first draft and Wife-to-be submitted five addendum's, the last of which was not agreed to until two days before the wedding. The last version was therefore not finalized and signed until two days before the wedding. The trial court found that the agreement was invalid because it violated the seven day waiting period. The trial court found that they only agreed to sign the agreement with the 5th addendum because his attorney advised that it would be unenforceable. The Court of Appeal stated: "as well, the Court found that there was "strong evidence that H, a sophisticated business executive, was..playing "hardball." He was refusing to negotiate with W and, at the very end when she threatened to call the wedding off, he agreed to sign only because the matter had come to a head within the seven day window and he had legal advice that he could sign with impunity. Rather than being the victim of circumstances, H shrewdly maneuvered W to the alter in a manner that frustrated her desire to reach a mutually acceptable agreement."

Los Angeles Premarital Agreements

Los Angeles DIvorce Lawyer