…by its terms, section 4, subdivision (c), establishes that amendments to the Family Code apply retroactively unless otherwise provided by law.
Opinion by Justice Corrigan. Marriage of Fellows (2006) 39 Cal.4th 179
If retroactive application will impair vested property rights, a due process analysis by the court is required to determine whether such application is necessary to serve or advance an important state interest or whether its retroactive application cures a rank injustice. Look for this analysis in cases that may challenge the retroactive application of the new Family Code section 70, which, for the first time in the history of the Code, defines the Date of Separation.
