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Sands v. Albert

2/6/2002

writing which is not to be effective, if at all, until the contingent future event of dissolution, . . . subdivision (b) appl ."


Sands's argument misconstrues the meaning of Code of Civil Procedure section 340.6, subdivision (b). He confuses the trial court's decision with regard to the "effect of paragraph 18" with the "effective date of the prenuptial agreement."


The phrase "effective date" in Code of Civil Procedure section 340.6, subdivision (b) refers to the effective date of the instrument in writing. Here, the effective date of the prenuptial agreement was the date it was signed. On that date, Sands and Ambrose were bound by its terms, including many rights and obligations with regard to property during marriage and upon dissolution.


Code of Civil Procedure section 340.6, subdivision (b) is inapplicable to the facts before us.


DISPOSITION


The judgment is affirmed. Costs on appeal are awarded to Albert.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


We concur:


CROSKEY, ACTING P. J.


KITCHING, J.






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