United, We Stand!
Several “hot” news stories have prompted a lot of calls and questions to my office. Here are a few facts and some law.
Before marriage, spouses can agree that certain property acquired during the marriage, which normally would be community property, will instead be the separate property of only one of the spouses. The “prenuptial agreement” must be fair and in writing; and, it must show that each of the spouses have the opportunity to consult legal counsel. In other words, it has to be seen that each of the parties knew what he or she were doing. Continue reading Prenuptial Agreement
What Makes a Marriage Anyway?
It should appear to almost go-without-saying, that in order to get a divorce, a couple would first have to have a marriage. On the other hand, it will be absolutely necessary to prove the existence of a valid marriage, to a Judge, in order to have a request to dissolve it accepted and otherwise undertaken by a Court of Law. It gets to be quite a bit more serious, when one is informed, that without a valid marriage, one will not be permitted to access the benefits of the Family Law Act, to acquire what should otherwise be considered to be a fair share of the relationship.
Marry For Love…And Legal Protection
There have been some famous cases, where persons lived together for a long time, acquired property and other wealth during the relationship; but when it was over, one of them could not get any part of the property, or other support which would otherwise be natural in the situation of a valid marriage. For a marriage to be valid in California, each of the parties has to give their consent, as a matter of public record; including, getting a license, from a county clerk, to be wed. There will thereafter have to be a solemn ceremony, conducted by a person authorized by the State to do so; wherein the parties must actually declare, in the presence of the person solemnizing the marriage, that they take each other as husband and wife.
[In California there are several requirements for a valid marriage. The parties must consent to the marriage; consent must be followed by the issuance of a license; and the marriage must be solemnized by an authorized person (§§300,400.) In addition, the parties must declare, in the presence of the person solemnizing the marriage, that they take each other as husband and wife.