Cadwell-Faso v. Faso

Opinion

REARDON, J.

Family Code1 section 1615, subdivision (c) (section 1615(c)), as amended effective January 1, 2002, creates a presumption “that a premarital agreement was not executed voluntarily” unless the court makes five designated findings. (See Stats. 2001, ch. 286, § 2, p. 2317; In re Marriage of Friedman (2002) 100 Cal.App.4th 65, 72 [122 Cal.Rptr.2d 412].) These include the finding that the party against whom enforcement is sought had at least seven calendar days between the date he or she was “first presented” with the agreement and advised to seek independent counsel, and the…