Second District, Division 6 Finds that Prenuptial Agreement Fee Waiver Only Related to Property/Spousal Issues and that California Would Not Enforce Waiver With Respect to Child Issues.
Husband and wife entered into a prenuptial agreement under Michigan law where, among other things, they agreed to waive any attorney’s fees resulting from any divorce, separation or annulment proceedings. Later, they moved to California and bought an expensive Montecito residence to which pricey improvements were made. Once the relationship broke down, a divorce proceeding resulted in an order that husband pay $6,000 in monthly child support payments. Because wife had to rebut claims of negative net worth advanced by husband (claims found unpersuasive), the trial court awarded her fees of $175,000 out of a requested $313,000.
Husband, on appeal in Marriage of Lane, Case No. B215911 (2d Dist., Div. 6 Jan. 13, 2011) (unpublished), principally argued that the fee award was barred by the fee waiver clause in the Michigan prenuptial agreement.
Madame Ganna Walska’s Lotusland, Montecito.
Nope, said the appellate court.
The waiver clause only related to property/spousal issues, but was silent as to any fee waiver on child-related issues. Beyond that, California will not enforce fee waivers relating to these type of child custody, visitation, and support issues. (In re Marriage of Joseph, 217 Cal.App.3d 1277, 1280, 1284-1285 (1990).) No cited Michigan cases held to the contrary, only allowing waiver on property or spousal issues.