A Prenup ‘Cooling Off’

If marriage is supposed to be about romance, what could but less so than vetting your vows with a lawyer? Yet, a state appellate ruling ought to send a warning to legions of the betrothed about the risks of signing prenuptial contracts through starry eyes.

Monday’s ruling overturned a prenuptial pact between San Francisco Giants baseball star Barry Bonds and his former wife, Sun Bonds. It could affect--perhaps even undo--countless other similar deals. The Bondses signed the contract the night before their 1988 wedding. It provided that his future earnings would be kept separate and barred claims to community property upon divorce. Barry Bonds had two attorneys and a financial advisor present during the signing. Sun Bonds, a Swedish immigrant, was accompanied only by a friend.

At the time of their marriage, Bonds was earning $106,000 a year playing for the Pittsburgh Pirates. When the couple parted seven years later, he was earning $8 million a year. His wife did not work after the marriage. She sued for a share of his accumulated wealth, arguing that her lack of legal representation regarding the prenuptial pact put her on unequal footing. The 1st District Court of Appeal agreed, overturning a trial judge.

“Prenups” are increasingly common--and not just with celebrities and older, wealthy men marrying younger women. The court’s ruling, regardless of whether it is upheld by the California Supreme Court, argues strongly for legislative guidance.

The state Legislature ought to take steps to insure that parties understand the consequences of not having separate legal representation and provide, as well, for a “cooling off” period, as required with sales contracts, during which either party can back out after it is signed. This would prevent inking prenuptial agreements under pressure just before the wedding march begins.