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Defenses to Premarital Agreements

Learn about defenses to the enforcement of premarital agreements.

Transcript

In another video, we covered the formation requirements for a premarital agreement. Recall that a premarital agreement is an agreement entered into before marriage in which prospective spouses state rules to govern their respective property rights. If the formation requirements are satisfied, then a premarital agreement is usually enforceable. But just as with other types of contracts, there are certain defenses to enforcement. The two primary defenses are unconscionability and lack of...

Lessons

1. Welcome to California Community Property
  • Welcome to California Community Property
2. Property in the Marriage Context
  • Creation of the Marital Economic Community
  • Community Property Versus Separate Property
  • The Characterization Process
3. Characterizing Property
  • Work-Related Compensation
  • Business Interests
  • Other Personal Property
  • The Marital Home
  • Title Forms for Real Property
4. Management, Control, and Liability
  • Management and Control of Personal Property
  • Management and Control of Real Property
  • Fiduciary Duties
  • Liability for Debts
5. Modifying Rules by Agreement
  • Premarital Agreements
  • Defenses to Premarital Agreements
  • Transmutation Agreements
6. Distribution on Dissolution or Death
  • The Dissolution Process
  • The Impact of Separation
  • The Distribution of Assets and Debts on Dissolution
  • Spousal and Child Support
  • The Distribution of Assets and Debts on Death
7. Nonmarital Relationships Affecting Property
  • Registered Domestic Partnerships
  • Void and Voidable Marriages
  • Marvin Relationships