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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.
New Court Decision on Separate Property Issues
The Court of Appeal made several rulings in a recent case that clarified the law on the tracing of separate property to a community asset and on reimbursement and credits for a spouse’s exclusive use of the marital residence while the divorce case was pending.
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.
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