Saturday, April 23, 2011

California divorce laws


Both parents of a minor child have a responsibility to support their child in a manner appropriate to the circumstances of the child. The duty of assistance continues until the child is completed the 12th grade or reaches the age of 19 years, occurs earlier. Both parents have a responsibility to maintain, to the extent of their abilities, a child of any age who is incapacitated from earning a living and without sufficient resources.

The Court shall adhere to the guideline uniform statewide and may waive the guideline only in special circumstances as set out in this article. [Based on California family code-sections: 3900, 3901,3910, 4052]


To be valid, a prenuptial agreement is made in writing and signed by both parties. It is applicable without consideration. Parts for a prenuptial agreement can contract than any of the following elements: (1) the rights and obligations of each party in any of the properties of one or both of them whenever and wherever gained or lies. (2) the right to buy, sell, use, transfer, Exchange, give, lease, give, devote, consume, create a security interest, mortgage, encumber, dispose of, or otherwise manage and control properties. (3) disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. (4) the achievement of a will, trust or other agreement to carry out the provisions of the agreement. (5) the right of ownership and disposition of the death benefit from life insurance policy. (6) the choice of law governing the construction of the agreement. (7) any other matter, including their personal rights and duties, in violation of public order or of a statute imposing a criminal penalty.

The right of a child support may not be negatively impacted by a prenuptial agreement. Any provision with regard to spousal support, including but not limited to, a waiver thereof, shall not apply if the party against whom enforcement is sought of spousal support was not represented by counsel independent at the time the agreement was signed, or if provisions relating to spousal support are inconceivable at the time of execution. [Based on California family code: sections 1611-1612]

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