Legal Question in Family Law in California

I am sorry I misunderstood your question. It seemed to me to indicate it was your attorney. If it is not your attorney it is very confusing as to why you would or would not "allow" an attachment. Opposing counsel can attach whatever they want to a filing. There is nothing you can do about it. You would only be able to direct your own attorney not to file something, or allow them to file it. So it sounds very much like it was your attorney you were talking about. Hence my response.

Whether a pre-nup has to be filed depends on what you want to do with it. The only reason I can think of that the pre-nup would be relevant is you want the court to apply the pre-nup to the case and enforce it. So, yes you have to file it. Without knowing what you were trying to file without it. So I can't say whether I agree it has to be attached as an exhibit, but whether as an exhibit to a filing, or filed separately now or later, eventually you must file it with the court if the court is to apply it to the case. At that point it becomes public record. As for making it private later, the answer is almost certainly "no, you cannot." California Rules of Court, Rule 2.550 provides in relevant part:

(c) Court records presumed to be open

Unless confidentiality is required by law, court records are presumed to be open.

(d) Express factual findings required to seal records

The court may order that a record be filed under seal only if it expressly finds facts that establish:

(1) There exists an overriding interest that overcomes the right of public access to the record;

(2) The overriding interest supports sealing the record;

(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;

(4 )The proposed sealing is narrowly tailored; and

(5) No less restrictive means exist to achieve the overriding interest.

No one wants their personal finances to be in the public record if they can help it. So that is not an "overriding interest" under this provision. Information that could lead to identity theft, such as account numbers, or personal identifying information can be "redacted" (blacked out) before something is filed. In fact there is a strict rule that social security numbers MUST be blacked out before papers are filed. But the general contents of personal financial documents must be submitted as public records if you want the court to consider them in the course of the case.

Again I apologize for misunderstanding your situation. I must say though, these are complex and somewhat arcane issues and procedures you are and will be dealing with here. You are going to need a lawyer.