Marriage of Toossi and McKinnies CA4/3

I.

FACTS SURROUNDING EXECUTION OF THE AGREEMENT AND

2

THE PARTIES’ MARRIAGE

The parties were engaged in 2015. Both of them had previously been married and had adult children. While they were dating, they discussed creating a premarital agreement but never got around to preparing one.3 But on January 22, 2016, the day before they were planning to marry, Wife told Husband she wanted to postpone the wedding due to the absence of a premarital agreement. Although Husband was initially upset about the

1 All further statutory references are to the Family Code.

2 We have summarized the evidence in the light most favorable to

Wife, the prevailing party. (In re Marriage of Rothrock (2008) 159 Cal.App.4th 223, 230.)

3 “A ‘premarital’ (or ‘antenuptial’) agreement is a contract executed between prospective spouses in contemplation of marriage, fixing marital property rights and financial responsibilities upon consummation of the marriage.” (Hogoboom & King, Cal. Practice Guide: Family Law (The Rutter Group 2025) ¶ 9:140, p. 9–66.)

2 postponement of the wedding, he told Wife he still wanted to marry her. Wife agreed to reschedule the wedding, provided there was a premarital agreement…