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    An otherwise unenforceable provision


    I am a bit confused about the word 'otherwise' in this paragraph.

    (c) Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. An otherwise unenforceable provision in a premarital agreement regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel.

    The text is from California Family Code regarding prenuptial agreement.

    I understand the first sentence. However, with the word 'otherwise', I am not sure when the provision should be 'unenforceable'.
    I understand that the word 'otherwise' here should mean 'in different circumstance; or else'. Do I understand correctly?
    If so, I wonder what that 'different circumstance' is that makes it unenforceable?

    Is there a way to re-phrase the second sentence to make it easier to understand?

    Thank you in advance.
    Last edited by emsr2d2; 17-Jul-2016 at 12:40. Reason: Removed multiple unnecessary line breaks

  1. Tarheel's Avatar
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    Re: An otherwise unenforceable provision

    No provision of a contract is enforceable if it is illegal. That applies whether or not the person had counsel present when he or she signed the contract.

    Yes, you understand "otherwise" correctly.

    For legal matters, you should consult a lawyer.

    Saving a little money now (by not consulting an attorney) will cost you a lot of money later.

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