San Diego Law Review


Linda D. Fort

Library of Congress Authority File


Document Type



This Comment examines the legal issues surrounding the increased popularity of antenuptial agreements. The author argues that California law has failed to recognize the close and trusting nature of the parties' relationship and has treated prospective spouses as arm's-length adversaries. The author examines the validity of California's "arm's-length" analysis of antenuptial agreements and contrasts this approach with that of the majority of jurisdictions, which impose a fiduciary relationship on parties entering into antenuptial agreements. The author concludes that the California legislature should adopt the majority view, in accordance with public policy and the intimations of the California Supreme Court.

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