Before the Barry Bonds court case, California law recognized prenuptial agreements signed by both spouses as valid and enforceable, even if those spouses were not represented by their own separate attorneys. Because of the celebrity status of Barry Bonds, the case garnered attention from the public.
The final decision in this case spurred new legislation, specifically, the California Family Code Section 1615. This statute outlines the requirements needed to create a valid prenuptial agreement in California.
What Happened in Barry Bonds’ Case?
The Bonds court case was decided by the California Supreme Court in 2000. It is considered to be one of the most famous prenuptial agreement cases that changed the landscape of legal prenups in California.
The case involved the 1988 marriage of Barry Bonds, the San Francisco Giants All-Star baseball player, and his wife, Sun. When they married, Bonds was earning a salary of $106,000 per year.
Before the couple wed, Bonds asked his fiance to sign a prenuptial agreement. The terms of the prenuptial agreement stated that Sun waived the right to any interest in Bonds’ earnings and acquisitions during their marriage.
Sun signed the agreement without speaking to a lawyer first, although Bond had separately consulted with an attorney, and that attorney was present during the signing. About six years later, after having two children, the couple filed for divorce.
After the prenup was signed, Bond’s salary increased exponentially. Sun sued to have the prenuptial agreement declared invalid, arguing that it was unenforceable because she did not have legal representation during the signing.
Sun also requested additional funds for alimony and child support payments. Initially, the case was filed with the Superior Court of San Mateo County, which ruled in favor of Bonds.
Sun appealed to the California Court of Appeals, and the lower court’s decision was reversed. Bonds appealed the decision, and eventually, the case was decided in Bonds’ favor at the Supreme Court level.
The California Supreme Court held that the prenuptial agreement was valid and voluntarily entered into by both parties. Therefore, the Court found it was fair to enforce the terms of the agreement.
What Effect Does This Case Have on Spouses Wishing to Create Prenuptial Agreements Prior to Getting Married in California?
As noted above, the Bonds case caused California legislators to make changes to the state laws governing prenuptial agreements and their requirements. If a couple wants to create a valid prenuptial agreement before getting married in California, there are requirements, including:
- The parties must enter into the agreement voluntarily, and the agreement must not be unconscionable;
- Both of the parties have to be represented by their own lawyers unless one of the parties waives the lawyer requirement in a written statement;
- One of the parties may choose to waive the lawyer requirement. If they do, the other party has to provide a written summary of the terms and effects of the agreement to the party who is waiving legal representation; and
- There is a seven-day waiting period from when the parties are first shown the prenup to when they are allowed to sign it.
If an individual has any questions about prenuptial agreements and their requirements in California, they should consult with a local California lawyer.
Are Prenuptial Agreements in California Enforceable?
In general, under California state family laws, prenuptial agreements will be enforceable so long as they are formed in accordance with all of the requirements. For example, as with any other type of contract, the parties must voluntarily agree to sign the prenup and accept its terms.
If one or both parties were intimidated, coerced, deceived, or under duress at the time of their signing, then the prenup will be considered invalid and, therefore, unenforceable. Other issues that may affect the enforceability of a prenuptial agreement include:
- Terms concerning child custody or child support payments;
- Failure to follow all legal requirements, for example, a written statement waiving attorney representation, not disclosing all assets and debts, etc.;
- Statements that promote divorce or conditions that trigger grounds for divorce;
- Conditions that require one of the spouses to commit illegal acts; and
- Terms that are unfair, deceptive, exploitative, or unjust.
The agreement is also required to conform to the technical aspects required by California’s Uniform Premarital Agreement Act (UPAA). Under the UPAA, a valid prenuptial agreement must:
- Be in writing, contain the voluntary signatures of both of the spouses and be notarized;
- All terms and conditions listed in the prenup must be legal;
- The parties have to wait at least seven days before signing their agreement and use that time to seek separate legal representation;
- If a party does not want to hire an attorney, they must provide a written statement stating that; and
Several lesser but necessary requirements, which can be found in the relevant state statutes.
What Invalidates a Prenup?
There are several situations in which a prenup may be deemed invalid in California. For example, if the agreement requires a spouse to engage in or go along with an illegal activity.
If a party signed the agreement while under fear of harm, under false pretenses, or while intoxicated, a California court may deem it invalid. In addition, if one of the parties provides the other party with inaccurate information or does not fully disclose all information, the agreement may be deemed invalid.
How Do I Terminate a Prenuptial Agreement in California?
Spouses may be able to terminate their prenuptial agreement in California in several ways. An agreement can be terminated if both parties agree to voluntarily cancel and sign a termination agreement. This is a similar process to creating the agreement. Another way to terminate the agreement is to examine it for flaws, as it may be deemed invalid based on one of the issues discussed in the previous section.
In some cases, a prenuptial agreement will contain a provision referred to as a sunset clause. This type of clause provides an expiration date that may be triggered if a specific event occurs or there is a certain date that the couple agreed upon to end the prenup.
For example, the parties may include that the prenup expires when they return from their honeymoon or on the date of their tenth wedding anniversary. The Bonds case did not directly involve the termination of a prenuptial agreement. However, it did indirectly impact the termination process because of all the requirements that must be met to form a valid and enforceable agreement.
Do Prenups Expire?
In California, unless otherwise provided in the document, prenuptial agreements will not expire and will remain valid indefinitely. These agreements are designed to go into effect upon the divorce of the parties or the death of one of the parties.
No matter the length of the marriage, the agreement will be binding and in force unless otherwise provided for in the document.
Should I Hire a California Lawyer for Help With a Prenuptial Agreement Issue?
If you are considering creating a prenuptial agreement or have a dispute involving one in California, it is important to consult with a California prenup lawyer. Your lawyer can ensure that your agreement satisfies the requirements of various California prenuptial agreement laws and ensure all of the necessary terms are included.
In addition, your attorney can protect you from signing an agreement that does not benefit you. Without an attorney’s advice prior to signing your agreement, it may be difficult to claim it is unfair at a later date, as you have to provide a written statement voluntarily waiving your right to have an attorney present.
If you do have a future dispute involving your prenuptial agreement, your lawyer will provide you with representation.
