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Severability of Provisions in Prenuptial Agreements
The Court of Appeal has ruled that the invalidity of a spousal support waiver does not necessarily make the remaining provisions of a prenuptial agreement ineffective. Rather, the trial court must consider whether the remaining provisions may properly be severed and enforced.
Sanctions for Non-Disclosure of Spouse’s Separate Property
The California Court of Appeal for the Fourth Appellate District has held that the more stringent sanctions remedy set forth in Family Code section 1101 applies to a spouse’s non-disclosure of community property, but not separate property.
Bifurcated Trial in Divorce Cases
Disputed issues in divorce cases must be resolved either through trial or settlement. Ordinarily, a case that has not settled must be decided in a single trial of all issues. However, Rule 5.175 of the Rules of Court allows the court to bifurcate (or separate) one or more issues for a separate, bifurcated trial before the remaining issues in the case.
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