Short Answer: No, provided that the parties live separate and apart from each other and their Agreement does not mandate support.

Explanation: Section 4302 of the California Family Code provides: "A person is not liable for support of the person's spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement." Thus, there is no dispute that a "spouse is also personally liable for a debt incurred for `common necessaries of life' of his or her spouse while the spouses are living separately . . . except that if the debt is incurred while they are separated under an agreement, the other spouse is personally liable only if liability for support is stipulated to in the agreement." (Hogoboom & King, Cal. Practice Guide: Family Law (The Rutter Group 2009) ¶ 8:753, pp. 8-187.)

Short Answer: No

Explanation: "parties may not by agreement divest the court of jurisdiction to order child support." (Practice Under the California Family Code (Cont.Ed.Bar 2009) § 8.3, p. 306.) "[P]ublic policy also prohibits a parent from waiving or limiting, by agreement, a child's right to support." (Kristine M. v. David P. (2006) 135 Cal.App.4th 783, 789 [37 Cal.Rptr.3d 748].). Accordingly, regardless of the parties’ intentions in a Marital Agreement, the courts in California will continue to maintain jurisdiction regarding child support.

Parents have no right, in California, to waive or limit by agreement a child's right to support. (Fam. Code,[fn1] § 7632; K.M. v. E.G. 2005) 37 Cal.4th 130, 144 [33 Cal.Rptr.3d 61, 117 P.3d 673]; In re Marriage of Buzzanca (1998) 61 Cal.App.4th 1410, 1426 [72 Cal.Rptr.2d 280].)

Short Answer: No, unless it is stipulated to on the record in open court.

Explanation:Family Code section 2550, the statute governing an agreement entered into during a dissolution proceeding to divide the community assets, provides as follows: "Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally."

In the matter In Re Marriage of Dellaria, 172 Cal.App.4th 196 (2009) the appellate court reversed a trial court’s decision that awarded property unequally based on the parties’ alleged oral agreement. The Court ruled: If the court divides the community property, it must do so equally … If the parties themselves want to agree upon another disposition, they must do so either in writing or in open court. Neither requirement was met here. For this reason, we hold that the trial court erred in enforcing the parties' oral property settlement agreement.

Answer: Yes.

Explanation: In fact, agreement of the parties is the sole means by which otherwise separate property (e.g. premarital assets) can be “transmuted” from separate to community property. Because an agreement is required to transmute the character of property, the use of separate property during marriage — without more — does not convert it into community property. (Patterson v. Patterson (1966) 242 Cal.App.2d 333, 340 [51 Cal.Rptr. 339], disapproved on other grounds in See v. See, supra, 64 Cal.2d at p. 784.) Moreover, "`mere commingling of separate with community funds in a bank account does not destroy the character of the former if the amount thereof can be ascertained.'" (In re Marriage of Mix, supra, 14 Cal.3d at p. 611.)

Short Answer: Yes.

Explanation: Family Code section 721, subdivision (b) provides in part that "in transactions between themselves, a husband and wife are subject to the general rules governing fiduciary relationships which control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other." In view of this fiduciary relationship, "[w]hen an interspousal transaction advantages one spouse, `[t]he law, from considerations of public policy, presumes such transactions to have been induced by undue influence.'" (In re Marriage of Haines (1995) 33 Cal.App.4th 277, 293 [39 Cal.Rptr.2d 673].) "Generally, a fiduciary obtains an advantage if his position is improved, he obtains a favorable opportunity, or he otherwise gains, benefits, or profits." (In re Marriage of Lange (2002) 102 Cal.App.4th 360, 364 [125 Cal.Rptr.2d 379].) The spouse advantaged by the transaction has the burden of dispelling the presumption of undue influence.