Spreckels v. Spreckels

In Spreckels v. Spreckels (1952) 111 Cal. App. 2d 529, 534 244 P.2d 917, the wife entered into a property settlement agreement waiving all claims for support or attorney's fees. The court nonetheless held that, in an action attacking the agreement as void or having been obtained by fraud, the wife could be awarded support and attorney's fees pendente lite. ( Spreckels v. Spreckels, supra, 111 Cal. App. 2d at p. 532.) A pendente lite order made pursuant to Family Code section 3600 is "not an order made after or in conjunction with the determination of the dissolution action on its merits. Indeed its purpose is not to determine the merits at all but solely to preserve the family and the wife's separate property intact until the court eventually determines the case on the merits." (783; Spreckels v. Spreckels, supra, 111 Cal. App. 2d at p. 534.)