Fernandez

At the trial of the within divorce action, the court below first heard and decided the property issue; ruling in favor of the validity of an antenuptial agreement and declaring no community property to exist, it then heard the remaining matter as a default and granted plaintiff wife an interlocutory decree of divorce. Among other things, the judgment directed the payment of $1,500 monthly alimony, certain incidental expenses, custody of and support for a minor son and an emancipated daughter, $4,000 additional attorney’s fees, and $1,463 costs; it awarded certain property to defendant husband as his sole and separate property. From the judgment plaintiff appeals. Predicated on the alleged invalidity of the antenuptial agreement, plaintiff argues error in the finding that there is no community property; and asserts the inadequacy of the awards for alimony and additional attorney’s fees. Basically these points are directed to the sufficiency of the evidence.

The parties were married in Mexico City in 1939; they have since resided in Los Angeles. The facts surrounding the execution of the antenuptial agreement, an integrated part of the marriage ceremony in Mexico, are in…