Extract to table

Under the California Uniform Premarital Agreement Act, codified at Family Code sections 1610 through 1617, a premarital agreement must satisfy several requirements to be enforceable, including: • The agreement must be in writing and signed by both parties (Family Code § 1611); • The agreement must have been entered into voluntarily (Family Code § 1615(a)(1)); • The party against whom enforcement is sought must have been represented by independent legal counsel at the time of signing, or must have expressly waived the right to counsel in a separate writing (Family Code § 1615(c)(1)); • The party against whom enforcement is sought must have received a fair, reasonable, and full disclosure of the other party's property, financial obligations, and income (Family Code § 1615(c)(2)); and • The agreement must not have been executed under duress, fraud, or undue influence (Family Code § 1615(a)(2))

First, under the Statute of Frauds (Civil Code § 1624), certain agreements must be in writing to be enforceable

The individual claims by Isabela (the alleged $1,200,000 promissory note) and Nicolás (the alleged $387,500 oral promise for educational expenses) are secondary to the core asset characterization dispute but must be addressed to protect the estate from unjustified deductions