“I'm about to remarry, can we do our own prenup? Will my ex still need to pay..

Remarriage has a few more complications that marriage doesn't, and this article shines some light on prenuptial agreements and spousal support in this context.

By Thomas Kendall
September 19, 2011
CA FAQ/Financial Issues/Alimony/ Spousal Support

“I'm about to remarry, can we do our own prenup? Will my ex still need to pay alimony payments when I remarry ?”

By law in California, prenuptial agreements signed without advice by a competent attorney will be held invalid as a matter of law. There is a mandatory waiting period as well. Please plan on taking care of this prior to setting the date for the wedding.

Almost certainly not, but a careful review of the legal document is imperative. This obviously needs to be done prior to the marriage. If that is no longer an option, due perhaps to hasty decision making, the possibility of a Nullity needs to be explored. Above all, keep your mouth shut until you get some legal advice.


Thomas Kendall is a partner in the law firm Kendall & Gkikas, LLP, Since 1994 have successfully fought for joint share parenting plans for fit parents. During and after the divorce process, Kendall and Gkikas, LLP has the in-depth knowledge it takes to help you make these positive adjustments to satisfy the court and for you to remain a major part of your children's life.

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September 19, 2011
Categories:  FAQs

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