RECENT CASE MODIFIES CURRENT LAW ON ENFORCEMENT OF PRENUPS

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The very recent case of Marriage of Cadwell-Faso and Faso (2011) 2011 WL 72179 was decided by the First Appellate District on January 11, 2011. This decision reversed the trial court’s ruling. Now, Family Code §1615(c)’s requirement that a party against whom enforcement of a premarital agreement is sought “had not less than seven calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed” does not apply “where the party against whom enforcement is sought was represented by counsel from the outset of the transaction.” (Emphasis added).

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