It had generally been assumed by family law lawyers that a couple about to be married who were entering into a premarital agreement should each be represented by their own attorney, otherwise the party that was not represented by legal counsel could claim that the agreement was unfair. However, in a high profile case involving baseball star Barry Bonds, the California Supreme Court ruled that whether a party to a premarital agreement was represented by his or her own independent lawyer was only one of several factors to consider in determining whether the premarital agreement was valid.
Then budding baseball player Barry Bonds met his wife Susan (Sun) in Montreal in the summer of 1987. In November of that year, Sun moved into Barry’s house in Phoenix, Arizona. In January 1988, the couple decided to get married, and to do so before the start of the baseball spring training season. On February 5, 1988, Barry presented Sun with a premarital agreement his lawyer had drawn up for him. The agreement provided that each party waived any interest in the earning and acquisitions of the other party during the marriage. After the two signed the agreement, they flew to Las Vegas and got married the next day.
If you or a loved one is in need of an expert Sacramento family law lawyer, call (916) 266-0188 to speak with Robert N. Kitay today. It is important to protect your legal rights.
At the time the premarital agreement was signed, Barry had been in baseball only two years and was earning $106,000 annually with the Pittsburgh Pirates. Sun had worked as a waitress and bartender, and had expressed interest in going to cosmetology school and becoming a makeup artist for celebrities. However, she was unemployed at the time she signed the premarital agreement and did not work during the marriage.
On May 27, 1994. Barry filed a petition for a legal separation and later amended his petition to ask for a dissolution of their marriage (a divorce). The Superior Court judge awarded Sun $10,000 in monthly support for each of the couple’s two children, and $10,000 in spousal support (alimony) ending on December 30, 1998. Sun also sought a division of the property the couple had acquired during the couple’s six-and-a-half-year marriage.
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As for the premarital agreement, Sun claimed among other things that she was Swedish and did not understand English very well at the time she signed the premarital agreement, and therefore did not comprehend its importance. She also asserted that she felt pressured and coerced into signing the agreement, as Barry had told her he would not marry her if she did sign it.
The case went all the way up to the California Supreme Court, which, on August 21, 2000, held that the agreement was valid and freely and voluntarily entered into by Sun. The court held that Sun’s lack of legal representation was only one factor to be considered in determining the validity of the premarital agreement. The court also held that Sun could have had the agreement reviewed by her own lawyer and also that she understood the nature of the agreement and therefore was bound by it. Consequently, the court concluded that Sun was not entitled to any of Barry’s now quit substantial property.
This case is the law only in California. However, because many states look to California as a trendsetter, other states may reach a similar conclusion when forced with a premarital agreement in which only one party had an attorney. It is our recommendation, however, that if you are asked to sign a premarital agreement, you have the agreement reviewed by an experienced family lawyer so you will know exactly what you are getting or giving up.
If you or a loved one is in need of an expert Sacramento family law lawyer, call (916) 266-0188 to speak with Robert N. Kitay today. It is important to protect your legal rights.
Many courts have refused to enforce premarital agreements in which either party waives his or her right to spousal support in the event of a divorce. It had always been assumed that the waiver of spousal support violated public policy, and therefore would not be upheld. In a ruling made the same day it handed down its decision in the Barry Bonds case, the California Supreme Court upheld a premarital agreement that waived spousal support in the event of a divorce. Both parties were well educated and each was successful in his or her own field. During the divorce proceedings, the wife challenged the premarital agreement on the basis that it violated public policy by waiving her right to spousal support. The California Supreme Court held that no public policy is violated by permitting the enforcement of a waiver of spousal support signed by two intelligent, well-educated persons, each of whom is self-sufficient in property and earning ability, and each of whom had been represented by an attorney when negotiating the premarital agreement.
If you or a loved one is in need of an expert family law attorney, call (916) 266-0188 to speak with Robert N. Kitay of a family law firm Sacramento. It is important to protect your legal rights.
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