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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.
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.
Time Limitations on Setting Aside Judgment Based on Non-Disclosure of Spouse’s Assets
Explore the nuanced implications of Family Code section 2122 on the process of setting aside judgments based on non-disclosure of spousal assets. Gain valuable insights into the intricate legal landscape surrounding asset disclosure disputes and navigate the challenges posed by legal time limitations with expert analysis and guidance.
Retroactive Modification of Support Orders
It is sometimes necessary for a spouse to ask the court for an interim support order before discovery on the other spouse’s income has been completed. In these situations, it can be beneficial to ask the court to make the interim support order retroactively modifiable, so that it can be retroactively adjusted when further discovery on the other spouse’s income has been obtained.
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