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https://www.claerygreen.com/Family-Law-Blog/2016/January/Can-Spousal-Support-Be-Waived-.aspx
Jan 22, 2016 · Can Spousal Support Be Waived? Posted By Claery & Green, LLP 22-Jan-2016. If you are headed for divorce, you will likely have questions about spousal support. Will the court require the higher earning spouse to pay the other monthly support? Spousal support is not "automatic" in California, but the court may decide to award it.
https://farzadlaw.com/california-prenuptial-agreements/spousal-support-waiver-marriage-melissa/
First, in 1985, California law deemed spousal support waiver agreements to be invalid. The question the appellate court was asked to answer was whether, today, the 1985 law should apply. The Orange County trial court judge, Claudia Silbar, ruled that the 1985 law did apply and deemed the spousal support waiver invalid as a result.5/5(71)
https://regallawoffice.com/new-california-case-law-may-render-certain-spousal-support-waivers-unconscionable-and-unenforceable/
In January 2013, the California Court of Appeals held for the first time in In re Marriage of Facter, 212 Cal.App.4th 967, that the spousal support waiver provision in the Facters’ premarital agreement is unenforceable because it is unconscionable. This holding set a dangerous precedent for California court to invalidate similar support ...
http://www.hbcfl.org/wp-content/uploads/2013/03/The-Uncertainty-of-Spousal-Support-Waivers.pdf
might make a spousal support waiver unconscionable and, therefore, unenforceable. Another new case, In re Marriage of Melissa, 212 Cal.App.4th 598 (2012) (as modified on Jan. 15, 2013), addressed retroactivity of the California statute dealing with spousal support waivers, further complicating the analysis of spousal support waiver enforceability.
https://www.thurmanarnold.com/Family-Law-Blog/2013/July/Marriage-of-Facter-Best-Practices-for-Drafting-C.aspx
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 adopted the Uniform Premarital Agreement Act in 1985, amended it effective 1994, and that the last major amendments were added in 2001 by the Legislature in response to the California …
https://www.thurmanarnold.com/Family-Law-Blog/2011/May/Court-Upholds-SPOUSAL-SUPPORT-WAIVER-In-PRENUPTI.aspx
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 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 …
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