CALIFORNIA FAMILY LAW
...Premarital and Postnuptial Agreements
......Agreements Construed
6 Cards On This Topic:
  • Contracts are interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting.
  • H has right to reimbursement for his s/p contribution to home purchase where neither premarital agreement, nor quitclaim deed waived his reimbursement right.
  • Provisions to agreement may be implied only when all conditions met.
  • Premarital agreement that H's s/p was to remain his s/p did not control property acquired after marriage.
  • Premarital agreements and agreements to terminate a marriage are construed by very different policy considerations.
  • Premarital agreements are strictly construed against waiver of marital rights.