Legal Question in Family Law in California
I am going through a cont divorce. The marriage of over 15 years had a PreNup drawn up by my wife's attorney. No complete executed "Original" copy can be located by anyone. My copy from 15 years ago does not have her signature or Notary signature on it. My x-wife is presenting a copy that is complete, but it is only a copy. Is the PreNup valid?
3 Answers from Attorneys
Copies can be valid. The best evidence rule does not require original. If your copy and her copy match I'd say its valid based on what is listed here.
California no longer recognizes the best evidence rule, and most documents can be executed in counterparts. I suggest consulting with an attorney, however, to determine whether or not the prenuptial agreement meets California's legal requirements that apply to prenuptial agreements.
California is hostile towards prenuptial agreements in light of the fact they are usually designed to cut one spouse out of the growing wealth of the other. Please consult with an experienced family law attorney to review this document and your legal options.
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