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Archive for December, 2009

The Annulment: When Will California Law Say a Marriage Never Existed?

Thursday, December 10th, 2009

When a judge grants an annulment in California, the parties are deemed to have never been married in the eyes of the law (although the wedding guests who witnessed the union may tend to disagree).  Compare this to a dissolution (divorce), where a valid marriage is terminated for reasons created post-marriage.  Under California law, the grounds for nullifying a marriage or domestic partnership are broader than commonly believed.  Even so, most marriages can’t be undone with an annulment, and despite the myths, an annulment is not an easy way out.  An annulment is a potential alternative to divorce only when there’s reason to question the validity of the marriage.  Immediate regret and disappointment are not legal bases for annulling a marriage.  Depending on the basis for the annulment, a judge may either declare the marriage to have been unlawful from the outset (a “void” marriage), or to have been valid until formally annulled by the court (a “voidable” marriage).  (more…)

It’s Not Too Late: The Postnuptial (or Marital) Agreement in California

Thursday, December 10th, 2009

The postnup hasn’t been in the spotlight nearly as much as its well known counterpart-the prenuptial agreement-but both agreements carry many of the same goals for California couples.  A postnup is a financial agreement created after getting married, as opposed to a prenuptial or premarital agreement that can only be entered into prior to exchanging vows.  A postnup, also called a marital agreement, is used to plan how the property you and your spouse own together or separately will be divided and distributed if there’s a separation, divorce, or death.  For some, a marital agreement can be created to address financial issues that are troubling a marriage.  On this point, a CNN article by Robert DiGiacomo, “Quit Fighting – Get a Postnuptial Agreement,” relates the story of a couple that had been married for 30 years but often fought over money.  They decided to get a postnuptial agreement, and although it didn’t solve all their problems, the two were able to ease tensions and “breathe easier” once they got a marital agreement.  While there’s no assurance that a marital agreement will help break an impasse for other marriages, for some, a postnup allows the couple to work on other issues once financial questions are resolved.  (more…)

Whether In or Out of Wedlock, California Paternity Law Can Automatically Presume Fatherhood

Tuesday, December 8th, 2009

California’s paternity laws provide a process for determining who a child’s legal father is.  By establishing fatherhood, many other important questions can be answered.  For example, will a child have a right to his or her father’s medical records to help identify inherited health problems and risks, will the child be able to benefit from his or her father’s health or life insurance coverage, have rights to social security or veterans benefits, and have the right to be financially supported and receive an inheritance from both parents?  (more…)


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