Premarital Agreements
Community Property · Lesson 06
Premarital Agreements
這一課問的是：婚前協議是否有效執行以變更 CP 規則？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is the premarital agreement valid and enforceable to alter CP rules?
這一課問的是：婚前協議是否有效執行以變更 CP 規則？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
premarital agreement
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Agreement before marriage altering rights/obligations.
婚前協議。
UPAA
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Uniform Premarital Agreement Act.
UPAA。
writing requirement
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Must be in writing, signed.
書面要求。
voluntary
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Must be entered voluntarily; not coerced.
自願。
disclosure
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Reasonable disclosure of assets required.
揭露。
unconscionable
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Court may refuse to enforce if unconscionable.
不公平。
spousal support waiver
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Some jurisdictions limit waiver.
贍養費放棄。
Issue · what this lesson is really about
Is the premarital agreement valid and enforceable to alter CP rules?
這一課問的是：婚前協議是否有效執行以變更 CP 規則？
Trigger words & phrases that should flag this issue:
premaritalprenuppostnupwaivedisclosure
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State requirements | Premarital agreement requires writing, signing, voluntary execution, and reasonable disclosure (or waiver). | 婚前協議須書面、簽名、自願、揭露。 |
| Apply UPAA | UPAA validates premarital agreements; courts may refuse if unconscionable or absent voluntary execution. | UPAA 有效；若不公平或不自願則拒。 |
| Apply CA §1612 | California permits broad alteration of CP rules including reimbursement, division. | CA §1612 容許廣泛變更。 |
Rule Sentence · the workhorse
A premarital agreement must be in writing, signed by both parties, entered voluntarily, and accompanied by reasonable disclosure of assets or a knowing waiver; courts may refuse to enforce provisions that are unconscionable or product of coercion.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人prospective spouses未婚配偶
Act 行為executing premarital agreement執行婚前協議
Object 對象CP rightsCP 權利
Standard 法律標準UPAA + writing + voluntarinessUPAA + 書面 + 自願
Consequence 後果altered CP rulesCP 規則變更
Casebook Snapshot · a real American case
In re Marriage of Bonds
Holding. A premarital agreement may be voluntary even without independent counsel if the party entered into it freely with knowledge of its consequences; lack of counsel alone does not invalidate.
Why it matters. Bonds clarified that lack of independent counsel doesn't automatically invalidate — focus on voluntariness.
Bonds：無獨立律師非當然無效；重在自願。
Common Mistakes · what trips students
✗ oral premarital 有效。
✓ Must be in writing.
須書面。
✗ spousal support 可任意 waived。
✓ Some states restrict; CA requires representation by counsel for some waivers.
部分州限制；CA 對部分放棄要求律師代理。
Mini IRAC · build the Application
Issue. Is W's premarital agreement waiving spousal support enforceable when she signed it 24 hours before the wedding, without counsel, after receiving the document for the first time?
Rule. A premarital agreement must be entered voluntarily; California requires waivers of spousal support to be made with independent counsel and otherwise meet voluntariness standards.
Application (model). W signed the agreement 24 hours before the wedding without counsel after first seeing it. Because California Family Code §1615 requires premarital agreements to be voluntary with at least 7 days to review, with counsel for spousal support waivers, the fact that W had no counsel, only 24 hours to review, and the spousal support waiver lacks counsel means the agreement fails procedural requirements.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the spousal support waiver is unenforceable; other provisions may also fail voluntariness.
MBE Check · multiple choice
H and W sign a written premarital agreement disclaiming community property. The agreement was negotiated with counsel on both sides over months. They marry. Is it enforceable?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: