Extract to table

4th 945, 956 ("The party seeking to enforce the premarital agreement must first establish the agreement's existence and valid execution

No Valid Written Agreement Signed by Both Parties (Section 1611) California Family Code Section 1611 provides, in its entirety: "A premarital agreement shall be in writing and signed by both parties

22 (discussing the statutory requirements for valid premarital agreements); see also Restatement (Second) of Contracts § 134 (a writing must be signed by the party to be charged)

" While the burden of proving involuntariness ordinarily rests on the party resisting enforcement, the party seeking enforcement must first establish a prima facie case that the agreement was validly executed, at which point the burden shifts

Section 1615(c), as amended effective January 1, 2002 (and applicable to all premarital agreements executed on or after that date, including the alleged agreement here), sets forth specific conditions that must be satisfied for a premarital agreement to be deemed to have been executed voluntarily

The party against whom enforcement is sought must have been represented by independent legal counsel at the time of signing the agreement, or, alternatively, must have been advised to seek independent legal counsel and must have expressly waived, in a separate writing, the right to such counsel after being so advised