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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.
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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