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Recent Posts in Prenups Category

Marriage of Facter: Best Practices for Drafting California Premarital Agreements Waiving or Limiting Spousal Support

Marriage of Facter : Appellate Court Clues About Unconscionability of Spousal Support (and Other) Waivers in Prenups at Time of Enforcement By TWA III The lawyers among you will know that California ...
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WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

Second Opinion Family Law Consults You have found this website because you have questions about a system of rules that is alien and certain to dramatically change the landscape of your life, ...
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Pre-Marriage TIPS for MEN - Surviving DIVORCE Without A Prenup!

Q. What steps can I take to protect my assets from divorce? My fiance refuses to sign a premarital agreement. Can I be protected without a prenup? A. Let's face it - while many men consult a ...
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How Are BUSINESSES Owned Before Marriage DIVIDED In Divorce?

Q. My Wife is a personal injury lawyer with a good practice which she started six years before we married. We have been separated for nine months, after nine years together. She just sent me a ...
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Court Upholds PRENUPTIAL AGREEMENT Where Wife Alleged Husband Falsely Stated Net Worth

In Re Marriage of Hill and Dittmer (1/18/12), B226017 While prenuptial agreements were once viewed with suspicion by trial courts, a recent decision reflects the current trend to uphold them ...
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Wife Bears Own ATTORNEY FEES In Failed SET ASIDE MOTION Involving MSA

Attorney Fees in Set Aside Motions Marriage of Guilardi (11/7/11) 200 Cal.App.4th 770 The Sixth District Appellate Court (including Santa Clara County) has upheld a trial court denial of recovery for ...
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Court Upholds SPOUSAL SUPPORT WAIVER In PRENUPTIAL AGREEMENT

Spousal Support Waivers in Premarital Agreements May Be Enforced Marriage of Howell (May 24, 2011) 195 Cal.App.4th 1062 The Fourth District out of San Diego County recently published an opinion ...
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DISCOVERY in California Marital Proceedings - What Are Requests for Admission?

Q. How do I use Requests for Admission in my dissolution proceeding? What Are Requests for Admission? Requests for Admission ("RFA's") can be a useful discovery tool in family law ...
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Is a PRENUPTIAL AGREEMENT signed without an attorney ENFORCEABLE?

Q. Before my wife and I married, she convinced me to sign a Prenup prepared by her brother, who is a Los Angeles divorce attorney. It says that I waive any right to property acquired with her ...
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Do I need a COHABITATION AGREEMENT?

Q. I am thinking about asking my girlfriend to move in with me. Should I be considering a Cohabitation Agreement and what would it say? A lawyer's job is to give conservative advice that protects ...
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When I get MARRIED, how do I avoid my husband's DEBT?

Q. If I marry is it possible to avoid any of my fiancé's debt liability? Yes. First, your separate property doesn't become liable for a spouse's premarital debt simply by marrying. ...
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Is a WAIVER OF SPOUSAL SUPPORT in a PRENUP VALID?

Q. Before I married we signed a prenup that says I waived any right to spousal support. Is this valid? Clarissa, Carmel, CA Maybe yes, maybe no. Sections 1612 and 1615 of the California Family Code ...
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Are my EARNINGS during marriage LIABLE for my spouse's PREMARRIAGE DEBTS?

Q. Are my earnings liable for my spouse's debts incurred before marriage? A. Earnings during marriage are not liable for your spouse's debt incurred before marriage so long as these earnings ...
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My New Wife Works. Can this NEW MATE INCOME Be Used to Increase my CHILD SUPPORT?

Q. I have two children from a previous marriage. I remarried two years ago, and my new spouse earns $8,500 month. While my hours have been reduced during this recession and my monthly gross averages ...
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