Despite vocal opposition from the State Bar Association and doubts from some lawmakers, the Assembly Judiciary Committee recommended passage of a bill that would restrict how prenuptial agreements can be challenged.
Under current law, premarital or pre-civil union agreements may be set aside by a judge if he or she determines, at the time one party seeks enforcement, that its terms are “unconscionable.” The term “unconscionable” is defined as an agreement, either due to a lack of property or unemployability, that renders a spouse or partner in a civil union couple without a means of reasonable support, makes a spouse or partner in a civil union couple a public charge or provide a standard of living far below that which was enjoyed before the marriage or civil union.
