Can a divorced woman demand higher maintenance if her ex-husband's salary increased on the basis of a premarital agreement?
Full Question:
My friend and her husband entered a premarital agreement under which, it was stated: โ in case of divorce, her husband will pay her maintenance of $1000 per month as he was earning gross salary of $4000.โ But actually his monthly income was $6000. Can my friend now demand higher maintenance?
01/12/2017 |
Category: Marriage ยป Premarital A... |
State: California |
#29972
Answer:
The law is stated in Cal.Fam.Code § 1615 that reads:
“(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.”
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.”