Extract to table

An agreement that by its terms cannot be performed within one year from the date of making — as an agreement to fund educational expenses through 2024 could not have been — must be in writing to be enforceable

Third, under the California Family Code Sections 1610 through 1617 (the Uniform Premarital Agreement Act as adopted in California), a premarital agreement must satisfy several mandatory requirements to be enforceable: (a) The agreement must be in writing and signed by both parties; (b) The agreement must have been entered into voluntarily — that is, without coercion, duress, or undue influence; (c) There must have been adequate financial disclosure by both parties prior to execution, or an express waiver of such disclosure; and (d) The party against whom enforcement is sought must have had access to independent legal counsel or must have expressly waived the right to independent counsel with at least seven calendar days' notice before the signing date

To overcome this presumption, the contestants must present clear and convincing tracing evidence establishing that each disputed asset was acquired with identifiable separate property funds

General allegations of pre-marital capital are insufficient — the contestants must trace specific dollars from a specific separate property source to the specific acquisition