11-09-2006, 04:12 PM
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Senior Member
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Join Date: Sep 2006
Posts: 190
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Quote:
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Originally Posted by thatguy
1612 (c) Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not
enforceable if the party against whom enforcement of the spousal
support provision is sought was not represented by independent
counsel at the time the agreement containing the provision was
signed, or if the provision regarding spousal support is
unconscionable at the time of enforcement.
So she was not represented by an attorney. That means (in CA at least) any provision in a prenup re: spousal support is invalid. The rules may be different in your state, and may apply to other provisions in the prenup. That's why you should meet with an attorney to find out if you have a case.
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You said, "So she was not represented by an attorney." How do you know this? At this point, we don't know WHERE the papers were given to her; e.g., at a law office or at the kitchen table.
Additionally, how do you know this question was in regard to "spousal
support." Maybe, it's about their possessions. Maybe it's about their Will. Maybe, maybe, maybe!
Also, how is she going to prove that an attorney didn't give his/her "blessing" to all of this?
The only part I agree with in your post is, "you should meet with an attorney to find out if you have a case." There are too many open questions.
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