Premarital Agreement

A prenuptial agreement is a legally-binding contract that outlines the financial arrangements between two individuals entering into a marriage or domestic partnership. It serves to protect each partner's assets and property in the event of a legal separation or divorce. When drafting a prenup, it is important to consider the following points:

1. Identification of all property brought into the marriage or partnership by each partner.

2. Determination of how income and assets acquired during the marriage or partnership will be characterized.

3. Clarification of the legal rights to control separate property in the event of a divorce.

4. Confirmation or waiver of estate planning rights at death.

5. Provisions for ongoing spousal support in the event that one spouse has a higher income or greater financial resources.

6. Rules for how the use of separate property towards a community asset will be valued and apportioned.

7. Process for resolving disputes in the future, such as through mediation, attorneys' fees, or counseling.

Should you appraise your home?

Experienced Bay Area family law attorneys will tell their clients that in a divorce, real estate is often the most valuable asset that needs to be divided between the parties. To determine the fair market value of the property, it is common to hire a real estate appraiser. Alternatively, you could ask a realtor for a Comparative Market Analysis (CMA) to estimate the value of the property. Just be careful, as some realtors may be a bit "overenthusiastic" about the price they think they can achieve. And if the estimates from the CMAs differ significantly, it might be a good idea to get an appraisal to settle the matter once and for all. Just be sure to choose an appraiser who is objective and impartial, otherwise, the whole process could be a bit of a "home" wreck.

Did you forget to include something in your divorce?

If you're dividing property during a divorce, you might not always include everything in the final judgment (official decision). For example, you might forget to include a certain asset or debt. If this happens, the parties (people involved in the divorce) will continue to own the property together as "tenants in common." This means that each person owns a share of the property, and can use it or sell it as they choose.

The court has the power to order the division of any property that was not included in the judgment, even if it was not mentioned in the original papers filed for the divorce. This is true even if the court did not reserve (keep) jurisdiction (the power to make decisions) over the property in the original judgment. The court has this power because of a law called the Family Code section 2556.

Sometimes, the value of a pension or other type of payment might turn out to be much higher than what was stated in the judgment. In these cases, the extra amount might be considered an "omitted asset" and the court can divide it like any other property. However, this is not always the case and it depends on the specific situation.

Do you live in California and own your own company? Are you getting married?

Do you live in California and own your own company? Are you getting married?

When it comes to marriage, there are many important decisions to make. One of the most important is whether or not to get a premarital agreement in California.

This is especially true if you own equity in a business before marriage; because if you work on that business during your marriage, it may become in part community property, entitling your spouse to a portion of that business.

For example, let’s say you are the founder and owner of an innovative B2B service company prior to getting married. After tying the knot with your partner, you continue working on this company as normal. Unfortunately for both parties involved, without proper planning through a premarital agreement; under California law this means that your spouse may be entitled to some ownership rights over this business due to its classification as community property—even though they never contributed financially or physically towards its growth and success.

On the other hand, if you have already worked in a separate property venture (like our hypothetical B2B service) but now only serve as a passive investor instead of actively working on it anymore—a premarital agreement can help protect those assets from being considered community property should any disputes arise later down the line.

Similarly, even if both spouses contribute money and/or labor into their separate businesses after getting married—the Van Camp or Pereira approaches allow for equitable apportionment between them so no one person has exclusive rights over what was once theirs alone before entering into matrimony. In conclusion: when considering all these factors together—there’s no doubt why having an airtight premarital agreement is such an important step for couples who own equity in businesses prior to getting married. Not only does it provide legal protection against potential disputes arising out of contributions made by either party while they were still single; but also offers peace-of-mind knowing exactly where each individual stands regarding their respective investments going forward within their new relationship status.

May the court take judicial notice of a religious rule/requirement/prohibition where the answer is easily found on the internet?

In general, judicial notice is a legal procedure in which a court recognizes the existence or truth of a particular fact without requiring evidence to be presented in court. The purpose of judicial notice is to save time and ensure the efficiency of the legal process by allowing the court to take into account facts that are not reasonably subject to dispute and that can be easily verified.

Whether or not a court can take judicial notice of a particular religious rule, requirement, or prohibition would depend on the specific circumstances of the case and the laws and procedures of the jurisdiction in which the court is located. In some cases, a court may be able to take judicial notice of a religious rule that is easily found on the internet, provided that the rule is not reasonably subject to dispute and can be reliably verified. However, it is ultimately up to the discretion of the court to decide whether to take judicial notice of a particular fact, and the court may consider a variety of factors in making this determination.