Section 146 Of Part 3. Contractual Arrangements Relating To Rights At Death From California Probate Code >> Division 2. >> Part 3.
146
. (a) As used in this section, "agreement" means a written
agreement signed by each spouse or prospective spouse altering,
amending, or revoking a waiver under this chapter.
(b) Except as provided in subdivisions (c) and (d) of Section 147,
unless the waiver specifically otherwise provides, a waiver under
this chapter may not be altered, amended, or revoked except by a
subsequent written agreement signed by each spouse or prospective
spouse.
(c) Subject to subdivision (d), the agreement is enforceable only
if it satisfies the requirements of subdivision (b) and is
enforceable under either subdivision (e) or subdivision (f).
(d) Enforcement of the agreement against a party to the agreement
is subject to the same defenses as enforcement of any other contract,
except that:
(1) Lack of consideration is not a defense to enforcement of the
agreement.
(2) A minor intending to marry may enter into the agreement as if
married, but the agreement becomes effective only upon the marriage.
(e) Subject to subdivision (d), an agreement is enforceable under
this subdivision unless the party to the agreement against whom
enforcement is sought proves either of the following:
(1) A fair and reasonable disclosure of the property or financial
obligations of the other spouse was not provided to the spouse
against whom enforcement is sought prior to the signing of the
agreement unless the spouse against whom enforcement is sought waived
such a fair and reasonable disclosure after advice by independent
legal counsel.
(2) The spouse against whom enforcement is sought was not
represented by independent legal counsel at the time of signing of
the agreement.
(f) Subject to subdivisions (d) and (g), an agreement is
enforceable under this subdivision if the court determines that the
agreement at the time of signing made a fair and reasonable
disposition of the rights of the spouses.
(g) If, after considering all relevant facts and circumstances,
the court finds that enforcement of the agreement pursuant to
subdivision (f) would be unconscionable under the circumstances
existing at the time enforcement is sought, the court may refuse to
enforce the agreement, enforce the remainder of the agreement without
the unconscionable provisions, or limit the application of the
unconscionable provisions to avoid an unconscionable result.
(h) Subdivision (b) of Section 721 of the Family Code does not
apply if the agreement is enforceable under this section.