CALIFORNIA FAMILY LAW
...Premarital and Postnuptial Agreements
......Agreements Not Enforced
.........Burden of Proof re Validity
3 Cards On This Topic:
  • Party seeking to enforce premarital agreement has burden of proving that it was entered into voluntarily. (Fam. Code §1615.)
  • Party challenging agreement has burden of establishing that it was involuntary.
  • Burden of proof re validity of premarital agreement falls on party challenging agreement.