| Copyright (c) 2007 Law Offices of Donald P. | | | | make their own specialized marital laws. So |
| Schweitzer | | | | why not take advantage of this ability to |
| | | | self-govern? If one is willing to take so |
| People love choices. Typical Americans, and | | | | much care in ensuring their favorite song is |
| especially Californians, are no exception. | | | | also their ring tone, surely, they should |
| In the "golden state", residents pride | | | | invest as much time (if not more) protecting |
| themselves on novelty and uniqueness in most | | | | their legal interests if a divorce ensues. |
| aspects of their lives. Inhabitants here | | | | |
| scoff at the notion of a lifestyle | | | | So, for those out there brave (and wise) |
| template-they would rather tailor their own | | | | enough to create their own laws, the |
| existence to meet their specific needs and | | | | following is a brief summary of the legal |
| desires. Case in point-personal electronic | | | | requirements California imposes upon |
| devices. Almost everyone in California has | | | | prenuptial agreements in 2007. The |
| one-but no one device is quite the same. | | | | agreement shall: |
| There are so many exciting choices to make | | | | |
| before becoming an owner, such as: What | | | | Be in contemplation of marriage; Be in |
| carrier do you choose? What kind of plan do | | | | writing; Be signed by both parties; Not |
| you get? How much do you want to spend each | | | | adversely affect a child's right to support; |
| month? How many minutes is enough? What | | | | Not be in violation of public policy or a |
| device do you get? A basic cellular phone? | | | | statute imposing a criminal penalty; Be |
| Or an "all-in-one", with phone, e-mail, | | | | voluntarily entered into, which is defined |
| internet, camera, and music features? Or | | | | as: the party (against whom enforcement is |
| something in between? Do you get a | | | | sought) being represented by legal counsel at |
| blue-tooth attachment? This year's model or | | | | the time of signing the agreement or said |
| last year's model? What kind of ring tones | | | | representation being expressly waived, in a |
| will you select? What color will you choose? | | | | separate writing the party (against whom |
| A carrying case? Accessories of any kind? | | | | enforcement is sought) having not less than |
| Certainly, there are more decisions to be | | | | seven calendar days between the time that the |
| made. The point is that almost everyone | | | | party was first presented with the agreement |
| leaps at the chance to make these somewhat | | | | and advised to seek independent counsel and |
| silly choices. People love the autonomy and | | | | the time the agreement was signed the party |
| self-design this process allows them. | | | | (against whom enforcement is sought if |
| | | | unrepresented by counsel) was fully informed |
| Strangely enough, Californians do not seem to | | | | of the terms and basic effect of the |
| celebrate choice and self-governance when | | | | agreement as well as the rights and |
| entering into the marital relationship. The | | | | obligations he or she was giving up by |
| vast majority of Californians do not opt to | | | | signing the agreement, and was proficient in |
| create their own "prenuptial agreement" (a | | | | the language in which the explanation of the |
| before marriage agreement) with regard to | | | | party's rights was conduced and in which the |
| resolution of property and support issues in | | | | agreement was written the explanation of |
| the event a dissolution occurs. Rather, they | | | | these rights must be memorialized in an |
| rely on the default community property system | | | | agreement in writing and delivered to the |
| which controls here in California, and in | | | | party prior to signing the agreement receipt |
| several other states. In fact, many argue | | | | of this explanation (as well as the source) |
| that the existence of a prenuptial agreement | | | | must also be acknowledged in a signed |
| reveals that an impending marriage is doomed | | | | document All documents were signed without |
| to fail. This group would argue that | | | | duress, fraud, undue influence, or lack of |
| preparing for the ending of a marriage | | | | capacity; and Not be unconscionable, which |
| before-hand, during the "good" times, | | | | is defined as: the party being provided a |
| suggests an underlying deficiency in the | | | | fair, reasonable, and full disclosure of the |
| relationship. Admittedly, creating a | | | | property and financial obligations of the |
| prenuptial agreement requires a couple to | | | | party the party voluntarily and expressly |
| venture into territory that may not be | | | | waiving their right to disclosure of the |
| comfortable. Imagining the end of a marriage | | | | property and financial obligations beyond |
| is obviously depressing-and certainly no one | | | | disclosure provided the party having an |
| wants to be depressed, especially after they | | | | adequate knowledge of the property and |
| have decided to embark on a new life with a | | | | financial obligations. |
| partner. Nonetheless, this endeavor forces | | | | |
| two people to communicate about important | | | | ***If the agreement contains provisions |
| financial issues they may have never | | | | regarding the issue of spousal support, |
| discussed before, such as: division of assets | | | | including, but not limited to, a waiver of |
| (present and future), division of debts | | | | said support, the party against whom |
| (present and future), spousal support, child | | | | enforcement is sought must be represented by |
| support, etc. In that way, it could even be | | | | independent counsel at the time of signing. |
| characterized as a litmus test for the | | | | |
| marriage. | | | | Clearly, the aforementioned guidelines are |
| | | | intended only to be a starting point in the |
| In any event, the creation of a prenuptial | | | | creation of a prenuptial agreement. Once you |
| agreement allows a couple to craft their own | | | | and your partner have discussed the ideal |
| plan with regard to their marital future. It | | | | plan for your legal partnership, it is most |
| provides a way to tailor and design the | | | | advisable to take said plans to an attorney |
| possible termination of a marriage to | | | | to have him or her memorialize the agreement. |
| completely meet your needs and wants. In | | | | |
| essence, a prenuptial agreement puts a couple | | | | Kayla Horacekc/o Law Offices Of Donald P. |
| in the driver's seat, letting two individuals | | | | |