Michael

Our Legislature in 2002 amended Family Code 1 section 1612 to invalidate any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of such support if (i) the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed or (ii) that provision is unconscionable at the time of enforcement. (§ 1612, subd. (c).)

The issue before us—which has yet to be decided in this state—is whether subdivision (c) of section 1612 applies to a premarital agreement executed before its enactment. The trial court ruled the amendment applied retroactively and invalidated a provision in the parties’ 1999 agreement waiving their right to receive “future spousal support, maintenance or alimony” from the other party in the event of a dissolution of the marriage or legal separation. In making its ruling, the trial court found that the party against whom enforcement was sought had entered into and executed the agreement voluntarily, that the premarital agreement was not unconscionable and that other than the spousal support waiver…