US Legal Forms
Legal Resources
Questions & Answers
Marriage
Can my friend demand higher maintenance due to misleading income information?

Can my friend demand higher maintenance due to misleading income information?

Q: Are premarital agreements governed by contract law?

Yes, premarital agreements are governed by contract law. They must meet certain legal requirements, such as being in writing, signed by both parties, and made voluntarily. Additionally, both parties must provide full financial disclosure for the agreement to be enforceable.

Q: What makes a premarital agreement valid?

A premarital agreement is valid if it is in writing, signed by both parties, and executed voluntarily. Both parties must have a fair understanding of each other's financial situations and cannot be under duress or coercion. Adequate legal representation is also recommended to ensure fairness and enforceability.

Q: Which of the following is necessary to include in a premarital agreement?

A premarital agreement should include the financial rights and responsibilities of each spouse, how assets and debts will be divided in case of divorce, and provisions for spousal support. It is also important to include a clause about full financial disclosure to ensure both parties are informed.

Full question:

My friend and her husband entered a premarital agreement under which, it was stated: “ in case of divorce, her husband will pay her maintenance of $1000 per month as he was earning gross salary of $4000.” But actually his monthly income was $6000. Can my friend now demand higher maintenance?

Category: Marriage
Subcategory: Premarital Agreements
Date: 04/07/2025
State: California

Answer:

Yes. In California, a premarital agreement may not be enforceable if one spouse provided misleading information that influenced the other spouse's agreement to its terms. If your friend can demonstrate that the agreement is not enforceable due to this misleading information, she may be entitled to higher maintenance.

According to California Family Code § 1615, a premarital agreement is unenforceable if the party against whom enforcement is sought proves one of the following: (1) they did not execute the agreement voluntarily, or (2) the agreement was unconscionable when executed and the party did not receive fair disclosure of the other party's financial situation, did not waive their right to such disclosure, and did not have adequate knowledge of the other party's finances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between pre and postnuptial agreement?

A prenuptial agreement is created before marriage and outlines how assets and debts will be handled in the event of divorce. A postnuptial agreement is formed after marriage and serves a similar purpose, addressing financial matters that arise during the marriage. Both agreements require full disclosure of finances and must be voluntary to be enforceable.

What is the purpose of a postnuptial agreement?

The purpose of a postnuptial agreement is to clarify the financial rights and responsibilities of spouses during marriage and in the event of divorce. It can help prevent disputes over asset division and provide peace of mind regarding financial matters. Like prenuptial agreements, they require full financial disclosure and must be fair to both parties.

What is premarital and post marital agreements?

Premarital agreements, also known as prenuptial agreements, are contracts made before marriage that outline how assets will be divided if the marriage ends. Postmarital agreements, or postnuptial agreements, are created after marriage and serve a similar function, addressing financial matters that may have changed since the marriage began.