California Family Code Section 1615 - Interpretation

In In re Marriage of Bonds (2000) 24 Cal.4th 1, the court held: "Pursuant to Family Code section 1615, a premarital agreement will be enforced unless the party resisting enforcement of the agreement can demonstrate either: (1) that he or she did not enter into the contract voluntarily, or; (2) that the contract was unconscionable when entered into and that he or she did not have actual or constructive knowledge of the assets and obligations of the other party and did not voluntarily waive knowledge of such assets and obligations." In that case, the Supreme Court found that "the trial court found no lack of knowledge regarding the nature of the parties' assets, a necessary predicate to considering the issue of unconscionability . . . . We do not reconsider this factual determination, and thus the question of unconscionability is not before us. . . . the only issue we face concerns the trial court's determination that the wife entered into the agreement voluntarily." (People v. Bonds, supra, 24 Cal.4th 1 at p. 15.)