Legal Question in Family Law in California
Prenuptial Agreement & Divorce
My friend is going through a divorce. He has been married for nearly 2 years. Both he and his wife signed a prenuptial agreement before getting married. The prenuptial agreement indicated that if they divorced, she wouldn't pursue alamony or otherwise seek some form of recompense. Now that the divorce is in motion, she is pursuing alamony with her attourney. Does the prenuptial agreement have any bearing in this scenario.
Please feel free to ask for more detail as I'm not experiencing this event first hand.
2 Answers from Attorneys
Re: Prenuptial Agreement & Divorce
Of course it has bearing, however it's application is not automatic, it can be challenged on a number of grounds. Your friend needs to hire an attorney, without one, the likelihood of of the prenup being thrown out increases dramatically.
My rates are very reasonable and I'm available for a free consultation.
Reply: Prenuptial Agreement & Divorce
In a general sense, it depends upon how well written the underlying prenuptial agreement is, and whether or not it conforms to the requirements of the family code.
For a specific opinion regarding your friends individual circumstances, I suggest that your friend consult with an experienced family law lawyer and have the underlying written agreement reviewed. Experience is not expensive, it's priceless!
You and your friend will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com