(c) Any provision of a pre-marital spousal assistance agreement, including, but not limited to a waiver of spousal assistance, is not applicable if the party against which the assistance provision is requested was not represented by an independent lawyer at the time of signing the agreement containing it, or if the spousal assistance provision is unacceptable at the time of the enforcement. An otherwise unenforceable provision in a pre-marital spousal assistance agreement must not become enforceable solely because the party seeking enforcement has been represented by an independent lawyer. Q: My wife signed a marriage pact in which she gave up her spouse`s help. Is the court still going to ask me to pay for marital assistance? A: It depends. In California, the uniform of the Pre-Brand Agreement Act regulates marital agreements. The law allows a spouse to waive his or her right to assist the spouse in a number of cases, but in general, the court must find that the provision is not unacceptable. How does the court define an unscrupulous agreement? It will examine several factors such as wealth inequality between the parties, the separate ownership of spouses and the earning potential of spouses. In cases where a spouse has waived his right of assistance but is virtually destitute without spousal assistance, a court may refuse to apply the provision. A “Prenup” is a useful and fully applicable legal document for each engaged couple that must be established before marriage. The pre-marriage contract can be considered a possible transaction contract for the allocation of assets, assets and liabilities.
In this way, if a couple is ever separated or divorced, there is already a solid agreement that can contribute to an effective and cost-effective resolution. In order for a California judge to maintain a prenup, both spouses must have had sufficient time to review them to consider the effects of the signature. If one of the parties has been put under pressure to sign it, a judge may invalidate them. In some jurisdictions, it may be recommended or mandatory for each party to deal with a lawyer before signing a prenup to be considered enforceable.