CAN A PRENUPTIAL AGREEMENT WORK IN MY FAVOR?

QUESTION: If I want the marriage to work but she doesn't and just wants to take 50% of everything or more including alimony, will a prenuptial agreement work in my favor and up to what percentage? If before she married me she signed that if she divorced me she would not take anything, not even alimony, will that work?

MY RESPONSE: If you had a well-drafted Prenuptial Agreement, prepared, reviewed and signed in accordance with Californa's Prenuptial Agreement statutes, where both parties reviewed it with his and her respective attorney at least a month, if not more, prior to the wedding, it may be upheld by the Divorce Court. But if it was an informal document prepared shortly before the wedding without the benefit of consultation with independent counsel and without the required Disclosures and appropriate waivers, it is unlikely that the Court would uphold the agreement. The Prenuptial Agreement can provide whatever the parties agree that it will provide, in terms of property ownership, Spousal Support, etc. However, in a divorce, the Court could disallow unconscionable terms in a Prenuptial Agreement or even an entire unconscionable Prenuptial Agreement.