Jay Obernolte
- Republican
Author
Existing law establishes conditions under which a premarital agreement is not enforceable, including when the party against whom enforcement is sought proves that party did not execute the agreement voluntarily. Existing law, effective January 1, 2002, deems that a premarital agreement was not executed voluntarily unless the court finds, among other things, that the party against whom enforcement is sought (1) was represented by independent legal counsel at the time of signing the agreement or was advised to seek legal counsel and waived representation and (2) had at least 7 days between being first presented with the agreement and being advised to seek counsel and the time the agreement was signed. This bill would require the advisement to seek independent legal counsel described above to be made at least 7 days before the final agreement is signed. The bill would state that this provision is declaratory of existing law. The bill would also provide, with respect to premarital agreements executed on or after January 1, 2020, that the agreement may not be deemed voluntary unless the party against whom enforcement is sought had at least 7 days between being first presented with the final agreement and signing the agreement, regardless of whether the party is represented by legal counsel.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 193, Statutes of 2019.
Enrolled and presented to the Governor at 3:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2661.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 9 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2055.).
Ordered to special consent calendar.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 9. Noes 0.) (June 18).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1570.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (April 30).
Read first time.
From printer. May be heard in committee March 25.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1380 | HTML |
| 02/22/19 - Introduced | |
| 05/01/19 - Amended Assembly | |
| 06/10/19 - Amended Senate | |
| 08/13/19 - Enrolled | |
| 08/30/19 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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