Filed for divorce in California but still no support. Why?

Navigating the complexities of premarital agreements in California can be daunting, especially when spousal support waivers are involved. Understanding the law is crucial to effectively address these issues. This article will explore a notable California Supreme Court decision to provide clear guidance on resolving such disputes.

Situation

Situation Example

In sunny California, there was a couple named Jane and John. They were excited to get married but wanted to make sure everything was clear before they tied the knot. So, they decided to sign a prenuptial agreement, also known as a prenup. This prenup had a clause that said if they ever got divorced, neither would get spousal support from the other. Both Jane and John had their own lawyers and talked about the agreement at length. They understood everything and signed it willingly. However, a few years later, Jane filed for divorce and asked for spousal support, even though the prenup said she wouldn’t get any. Jane felt that the prenup wasn’t fair anymore because things had changed so much since they got married.

Judgment

In the case of “In re Marriage of Candace Pendleton and Barry I. Fireman” (California No. S070018), the Court of Appeal decided that the prenup was valid. They ruled that because both Jane and John understood the agreement and signed it voluntarily with the help of lawyers, the waiver of spousal support was enforceable.

Solution

Immediate Actions to Take

If you find yourself in a situation like Jane’s, where you believe a prenup isn’t fair anymore, the first step is to gather all related documents. This includes the prenup itself, any communications about it, and proof of how your situation has changed since signing. It’s crucial to act quickly because legal processes can take time. After gathering your documents, seek legal advice. An attorney who specializes in family law can help you understand your rights and options under California law.

Filing a Legal Complaint

After consulting with a lawyer, they will guide you on how to file a complaint in court if necessary. This involves drafting a legal document outlining why you believe the prenup should not be enforced. Your lawyer will help you detail any changes in circumstances, such as job loss or health issues, that make the prenup unfair. The complaint must be filed in the appropriate court, and your spouse will be formally notified.

Negotiation and Mediation Strategies

Sometimes, going to court isn’t the best solution. You might be able to resolve things through negotiation or mediation. This involves meeting with your spouse and their lawyer to discuss a fair outcome. A mediator can help both parties come to an agreement without the need for a judge’s decision. This process can save time, money, and stress. It’s important to approach these discussions with an open mind and be willing to compromise.

FAQ

What is a premarital agreement?

A premarital agreement, or prenup, is a contract that couples sign before getting married. It outlines what happens to their finances and property if they divorce or if one of them passes away.

Is a spousal support waiver valid?

Yes, a spousal support waiver in a prenup can be valid. However, it must be entered into voluntarily and with full understanding by both parties. It also must not violate public policy, which means it should be fair and reasonable.

Can prenups be changed?

Yes, prenups can be modified after marriage if both partners agree to the changes in writing. It’s important for both parties to have legal advice when making changes to ensure everything is fair and clear.

What if my circumstances change?

If there are significant changes in your life, like a job loss or health issues, you can ask the court to reconsider the prenup. The court will look at whether enforcing the prenup would be unfair due to these new circumstances.

Who decides if a prenup is fair?

Courts have the authority to decide if a prenup is fair. They will check if both parties had a clear understanding, were not pressured to sign, and had access to legal advice.

What does Family Code 1612 involve?

Family Code 1612 outlines what can be included in a prenup, such as property rights and personal obligations. However, it doesn’t explicitly cover spousal support waivers, leaving it up to the courts to decide their fairness.

Can I challenge a prenup?

Yes, if you believe a prenup was unfairly signed or if circumstances have changed, you can challenge it in court. A lawyer can help you present your case and explain why the prenup shouldn’t be enforced.

What happens if my spouse disagrees?

If your spouse disagrees with changing or nullifying the prenup, you might need to go to court. The court will listen to both sides and decide based on fairness and legal guidelines.

Why is public policy important?

Public policy ensures that prenups don’t promote unfairness or encourage divorce. Courts will not enforce any part of a prenup that goes against societal interests or ethical standards.

I didn’t have a lawyer when I signed. What now?

If you signed a prenup without a lawyer and you’re unsure about its fairness, it’s important to seek legal advice now. A lawyer can help determine if your lack of representation affected the agreement’s validity.