In Re Marriage of Dawley

Opinion

TOBRINER, J.

The present case involves the validity of an antenuptial contract in which the parties agreed that their earnings and other property acquired during the marriage would be held as separate property. At the time they entered the agreement, the parties anticipated the early dissolution of their marriage. Relying on In re Marriage of Higgason (1973) 10 Cal.3d 476 [110 Cal.Rptr. 897, 516 P.2d 289], which stated in dictum that an antenuptial agreement “must be made in contemplation that the marriage relation will continue until the parties are separated by death” (p. 485), the…