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