Seek the advice of an experienced family law lawyer in San Diego, CA, if you feel a marital or post-marital agreement is necessary for your California marriage. Once a San Diego lawyer is involved in the process, you can be sure that your financial interests will be protected. The big difference between marriage contracts and marriage contracts is the fiduciary or confidential relationship between spouses created by marriage (family code 721 (b), 1100 (c)). After the marriage, both spouses become the other`s agent. Therefore, the obligation to impose on each spouse is the highest good faith and fair treatment of the other spouse, and neither spouse can abuse the other. This fiduciary relationship provides for the obligation that both spouses provide the other with full disclosure of all matters contained in the agreement. When marital agreements are later challenged, the spouse defending the agreement imposes a greater burden of proof than the agreement is not unfair to the other spouse. On the other hand, there is no fiduciary relationship between potential spouses and, therefore, there is no presumption of undue influence resulting from a trust relationship when a marriage agreement is later called into question. A pre-processed contract must also have been signed “knowingly,” meaning that both parties have fully disclosed the circumstances of the agreement and actually understand and accept the terms of the contract. California law requires full disclosure that both parties receive fair and complete financial information from their partners before signing the document. This includes an account of all real estate and private real estate and its fair value at the time of the contract. In addition to assets, the parties must also disclose their debts and potential liabilities on their credit, since debts incurred during the marriage are also considered a “co-ownership” in the state and are subject to Division 50/50. Prenupes are often used in later marriages to protect the fortunes of a party`s children from a previous relationship.
This can both prevent legal disputes after divorce and ensure the safety of parents, as they know that their children have been cared for. Pre-marital agreements in California may also contain information about each partner`s rights, roles and obligations in marriage, provided the conditions are not contrary to public policy. Most agreements will also include a sped assistance provision. Some agreements provide some assistance to the partner spouse in the event of a divorce. However, other agreements can eliminate complicity altogether. The waiver of marital support or other rights is perfectly legal as long as the person knows that he is relinquishing his rights and voluntarily accepting. Most people have no doubt heard of pre-marital or “ante-nuptial” agreements. But there are other agreements that married couples can enter into during marriage and divorce. Agreements between married people in California are allowed by different laws.
In general, couples can freely enter into agreements on the property, but they cannot enter into agreements that change their legal relationships (Family Code 1620). This article deals with different types of agreements that can be made between couples before, during and after their marriage. Empty marriages include siblings, half-siblings, as well as uncles and nieces, aunts and nephews.