Legal Question in Family Law in California
How does the no-fault divorce law in california allow a person to circumvent a prenup?
for instance, If the prenup said Elin would get $20 million for 7 years of marriage, what exactly allows her to go after half of everything (estimated $300 million), despite what the prenup says?
1 Answer from Attorneys
A poorly written pre-nup.
Seriously, the attack on the validity of the pre-nup could be based on several grounds that are unique to family law (fraud, undue influence, duress and the catch all, "its not fair, judge!"). A lawyer would have to read the agreement and then ask about the circumstances that surrounded the signing of the agreement before you could get a real answer.
California's 'no fault' means that there does not have to be 'grounds' for a divorce. That is, in other jurisdictions there can be no divorce without grounds (infidelity, insanity, abuse, etc.). A pre-nup is an agreement that generally deals with property and usually is not based upon any grounds.
Talk to a lawyer as soon as possible.
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