Explore the legal terms and concepts related to Altering Character of Assets by Agreement. Click on any term below to learn more about its definition and applications.
What happens to terms within a prenuptial agreement that are deemed to promote divorce?
Terms within a prenuptial agreement that "promote divorce" (i.e., create a positive incentive for di...
Can parties agree to limit child support in a prenuptial agreement?
No. While the parties can agree to almost anything, they cannot agree to limit either party's contri...
What are the two main types of unconscionability claims and who decides on them?
Unconscionability claims divide into (1) those involving spousal support, and (2) those involving an...
What are the requirements for a prenuptial agreement to be deemed signed voluntarily?
An agreement is voluntary where (1) the party against whom enforcement is sought was represented by...
What are the defenses to enforcement of a prenuptial agreement?
There are two defenses to enforcement of a prenuptial agreement: (1) it was not signed voluntarily,...
What are the requirements for a proper prenuptial agreement, and what are the exceptions?
Agreements made before marriage (i.e., prenuptial agreements) do not require consideration, but must...
Are California spouses bound by community property rules against their will?
No. California allows parties to opt-out of the statutory community property and separate property c...