Clarke

*485 *916 Under Family Code section 1615, subdivision (c)(2), a premarital agreement is unenforceable as to a party who was not represented by counsel and who did not have at least seven calendar days between the date he or she was "first presented" with the agreement and the date it was signed. ( In re Marriage of Hill and Dittmer (2011) 202 Cal.App.4th 1046 , 1055, 136 Cal.Rptr.3d 700 ( Hill );

*917 In re Marriage of Cadwell-Faso & Faso 2011) 191 Cal.App.4th 945 , 949, 119 Cal.Rptr.3d 818 ( Caldwell-Faso ).) Evidence Code section 622 provides that the facts recited in a written instrument, other than the recital of a consideration, "are conclusively presumed to be true as between the parties thereto[.]"

We conclude that when the evidence shows an unrepresented party to a premarital agreement was not provided with the seven-day period for review required by Family Code section 1615, subdivision (c)(2), the agreement's recitation that the review period was provided is not binding. In other words, the seven-day review period may not be circumvented by inserting language into a premarital agreement acknowledging that both sides had seven days to review the agreement, when in fact…