Searching for California Premarital Agreement Spousal Support information? Find all needed info by using official links provided below.
https://codes.findlaw.com/ca/family-code/fam-sect-1612.html
(c) Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not enforceable if 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 if the provision regarding spousal support is unconscionable at the time of enforcement.
https://www.thurmanarnold.com/Family-Law-Blog/2013/July/Marriage-of-Facter-Best-Practices-for-Drafting-C.aspx
Recitals to premarital agreements concerning the parties relative circumstances at the time of drafting may be very important to their later interpretation and enforcement, and may provide an avenue for helping to secure validity (or setup downstream invalidity!) - especially where those recitals are made conclusively true by reference to Civil Code section 622.
https://www.divorcesupport.com/divorce/California-Premarital-and-Prenuptial-Agreements-3617.html
California Premarital and Prenuptial Agreements The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws.
https://www.thurmanarnold.com/Family-Law-Blog/2011/May/Court-Upholds-SPOUSAL-SUPPORT-WAIVER-In-PRENUPTI.aspx
The Fourth District out of San Diego County recently published an opinion upholding a spousal support waiver contained in a premarital agreement that was executed before 2002, when California adopted the Uniform Premarital Agreement Act (UPAA) and amended Family Code section 1612.
https://www.wkfamilylaw.com/is-my-waiver-of-spousal-support-in-my-prenuptial-agreement-enforceable-marriage-of-facter-2013-djdar-570-cal-app-1st-dist-jan-14-2013/
Mar 06, 2013 · Spousal support limitations and waivers are authorized under the California Premarital Agreement Act (CPAA), and in 2001, the state legislature amended the CPAA with regard to spousal support waivers in prenuptial agreements.
https://www.prenuptialagreements.org/prenuptial-agreement-california/
California has special provisions regarding spousal support in prenuptial agreements. Basically, provisions regarding spousal support will not be enforced unless the person whose receipt of spousal support is limited or waived had independent counsel before entering into the agreement.
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