A waiver is a voluntary decision to give up a known legal right, claim, or privilege. A person may state that decision in writing or out loud. In some situations, conduct can also show an intention to give up a right.

In California Family Law

Waivers can help parties resolve a case, but their effect depends on the right involved and the legal requirements. For example, spouses who have completed the required financial disclosures may agree to waive the final declaration of disclosure. That waiver does not allow either spouse to hide financial information. See Waiver of Rights Form for common examples.

A premarital agreement may also include a waiver of spousal support. Under Family Code section 1612, that provision cannot be enforced against a person who did not have an independent lawyer when signing. It also cannot be enforced if it is unconscionable, meaning excessively unfair under the law, when enforcement is sought. Having a lawyer does not automatically make the provision enforceable.

Not every right can be waived. For example, a premarital agreement cannot adversely affect a child’s right to support. The wording and legal effect of a waiver matter more than the label on the document.