Telephone: (424) 228-4133      Fax: (310) 751-6613      Address: 12100 Wilshire Blvd., Ste. 800 Los Angeles, CA 90025      Email: info@laprenuplawyer.com Q Q Q Q Q Q Q Q Q Q Q (424) 228-4133 Brian J. Kramer, P.C.
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Frequently Asked Question: Can spousal support be  modified or waived through a prenuptial agreement? Premarital Agreements We specialize in representing clients in Southern California entering into premarital agreements.    Getting Started To get started, please fill out  our client intake questionnaire. Get The Answers Get Started Now
Frequently Asked Questions          Will my fiancee need to be represented by independent counsel? Answer:  Yes.  Under the Family Law Code and as an ever growing body of case law makes clear, both parties need to be represented by independent counsel in the preparation and negotiation of a premarital agreement.   A family law court will put considerable emphasis on whether the parties were represented by independent counsel in deciding whether to uphold a matrimonial agreement.   Matrimonial agreements which are most likely to withstand judicial scrutiny are those which are the product of an arm’s length negotiation in which both parties were represented by independent counsel.    In fact, as a result of amendments to California’s Uniform Premarital Agreement Act in 2001, the law compels that each party be represented in order for certain provisions in a premarital agreement to be enforced.   As a result, prenuptial agreements are unlike most private contracts in that the law mandates that parties actually be represented by independent counsel for them to be enforceable.  For example, Family Code section 1615(c) requires that your fiancé be represented by independent legal counsel at the time she executes the prenuptial agreement or, after being advised to seek independent legal counsel, expressly waives, in a separate writing, representation by independent legal counsel to be effective.  Also, if someone wishes to either modify or waive future spousal support obligations in a prenuptial agreement, Section 1612(c) of the Family Code requires that your fiancé be represented by independent counsel for it to be enforceable.