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Are not Prenups unromantic and a lack of confidence?

Even if one in ten couples now in a sort of prenuptial or premarital agreement ( "prenups") many couples are reluctant to in a prenup, because it seems unromantic and shows a lack of confidence.

There are several reasons why this reluctance is misplaced.

Firstly, unless you not a prenup, your marriage is through a complex series of laws. In California, they are the California Family Code and Probate Code. Either way your marriage is through a complex set of rules. The choice between a set of rules made by you or by the state.

Secondly, from a historical perspective, premarital agreements are at the root of the institution of marriage. For two years, Jewish marriages were by a marriage contract as a "Ketubah".

Thirdly, far from undermining the confidence that the process of drafting and negotiating a marriage contract may, in fact, strengthen your relationships. The process requires a full disclosure of your financial situation and it is an open and honest discussion about how your money and plan your future. A psychiatrist says: "openly agreed rules will probably be a better basis for growth, as the surface latent and rules that are either unpleasant or even disgusting (" What do you think you do not do dishes? ")

Fifth, prenups prepare you for marriage. Sooner or later you will have to talk about money issues. Why not now and save nerves and problems later on? After your honeymoon, you quickly find out how to earn money and is an integral part of the marriage. The Catholic Church recognized this and with a dialogue in a prenuptial marriage preparation called "Pre-Cana."

Sixth, prenups can be developed for the protection of the spouses is not only a rich spouse.

Seventh, it makes sense. Nobody plans for their house burns down, ending in a nursing home or suffer a disability, but they still take out insurance. Dr. Ruth says: "We live in a litigious society. Nobody knows what life brings. Hopefully we will never need. What is the problem? Let's do it and give it to the lawyers ... for the new millennium, a prenup is part of a mature relationship based on love, mutual trust and optimism. "

Do I need a Prenup California, although I do not plan to live here?

Even if you do not live here if you divorce, California still argue over jurisdiction for the support, attorney's fees and the division of property. California also applies to the doctrine of divisible divorce, which means that every aspect of divorce is treated differently for legal purposes. For example, a California court has jurisdiction over the custody and visitation rights, but abandoned property to the court of another state. Think of the billion-dollar divorce from David and Susanne Sapperstein. Vanity Fair reported that David Sapperstein has left his wife of 23 years for her Swedish nanny. Suzanne lives in Los Angeles with her youngest child in what is reported to be the most expensive property in Los Angeles. During a trip to France on the pair of the Gulf Stream jet, David said they had to stop over in Houston, Texas, where he was undertaking. Once on the ground, his lawyers Suzanne served with divorce papers. A few days later she filed divorce papers in California. Why? California has a more liberal rules for alimony (spouse support), as Texas will end after three years.

Even if a California prenup should only apply if you are divorced in California, it can, if you are divorced in another state. The result is not guaranteed, but there's a good chance that it will be. If you want to make sure that your California prenup enforced in other states you have to keep consulting in this state for the review of the prenup.

It is an even greater risk that a prenup California will not be enforced in a foreign country. Many countries such as Denmark, France and Germany recognize prenups but have different laws and marital-specific procedures for implementation and registration of prenups. England and Australia do not recognize prenups, but some courts, when allocating property. If you plan to move to another country to live, you should consult with a lawyer in family law that jurisdiction.

Sex and Prenups

California prenups no childcare or child support. You can not regulate their behavior and they can not punish a spouse for the unfaithful. In a very well known prenup, a New Mexico couple agreed that they have sex, at least five times per week, pay for everything in cash and do not leave clothing scattered on the floor. These provisions were not enforceable in California. It should be noted that the couple is reportedly still happily married.

Religion and Prenups

Prenups can not practice the religion. However, in an important area prenups, a spouse with an important religious protection. In the context of traditional Jewish law, if a man does not grant his wife a religious divorce or "get" the woman is referred to as "agunah" and can not re-married. California has not "get" law, as New York to a Jewish woman the right to a "get" It is proposed that a prenup contains a clause stating that the punishment of the man pays a fine for each day on which he does not grant "preserved."

Prenups and Community Property

In the absence of a prenup, California Community Property Law provides that all community property (property acquired during marriage while the parties live in California, which is not a gift or an inheritance) will be divided equally on divorce. It usually does not matter whether the property is situated in a party's name - when they acquired during marriage is subject to certain exceptions, it is owned by the community. Property before marriage is separate property and can not by a court and belongs to that party. Efforts to improve, improve or separate property may have an interest in community property that separate property. That is, if a prenup comes into play. A prenup can provide that your spouse never takes a community interest in your property separate.

If you do not have a prenup, the determination of what is separated, and what is the property of the community often requires the use of forensic accountants. In high-asset cases, the accounting and legal costs in the hundreds of thousands or even millions of dollars. Moreover, in determining whether a company owned before marriage, everyone has the interest of the community, the property to be assessed, both at the time of marriage and at the time of separation, and sometimes even at the time of the divorce trial, which is for years after the divorce filing. Similar calculations ¬ tions are responsible for real estate and intellectual property. Moreover, the result of common ownership ¬ nity. If you are married without a prenup and earned $ 50000000 during the marriage, the entire sum would be owned by the community. This means that your spouse would own half the property and everything that the property purchased.

Also, if you lost all that money into a bad investment or bad your assets, your spouse may bring an action against you for breach of fiduciary duty. And if you reinvested the proceeds in a separate real estate or other property, your spouse may require that you reimburse the community for the money is spent. In a marriage that long-term tracking is impossible to do, and sometimes the person who receives a separate property interest is losing its claim.

Under California law, the proceeds of loans are owned by the community under certain circumstances. When a single company owns and uses men ¬ factoring financing or financing a business, the loan proceeds may be commingled in the economy, that the owner at the end of the Fund will lose its interest. Even if you refinance your property, you can make a contribution to your community property separate property;.

A prenup can regulate all aspects of the community and, as separate assets and liabilities will be handled. In the case of a couple financially independent with their own resources, a prenup may provide that all income, assets and liabilities acquired or costs remain separate property. Alternatively, instead of a community property distribution, a richer spouse might agree to pay the other spouse a lump sum based on the duration of the marriage. On the other hand, a few could agree that all property at the time of marriage remains the property of the community, but that certain property in the marriage, such as family businesses or fund will always remain separate property. Since each situation is different a prenup should be carefully tailored to the circumstances of each pair.

Marriage Support

California law allows for the suspension or restriction of marriage to support, as long as the provision is not considered unreasonable. Unfortunately there is as yet no case law on the definition of the word "outrageous". " If there is a significant difference in the amount of the assets between the parties, instead of the annulment of marriage support, the borders can prenup on the amount and duration of support. The amount and duration may be based on a formula in which the profit and loss account of the parties and the duration of the marriage.

You are right

When Steven Spielberg and actress Amy Irving divorced after four years, they argued that their prenup, which on the back of a napkin was not enforceable because they are not legally represented. The judge agreed and she received a $ 100 million settlement. If Spielberg married Kate Kapshaw, both represented by lawyers, if they have a prenup.

© 2007 Warren R. Shiell. All rights reserved. The information on this site is an "advertising". " It is for informational purposes only and does not constitute legal advice. Nothing in this website is deemed to be an attorney-client relationship relationship. Attorney-client relationship relationship is only created when this office agrees to provide a customer and a customer signs a written retainer agreement.

By Warren R. Shiell Esq., Attorney at http://www.la-familylaw.com

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