California Marriage Forms - Common Law Marriage In California

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California Marriage Form Categories California Common Law Marriage


FAQ Marriage Laws In California

What is an Premarital Agreement? 

A Premarital Agreement is simply a contract entered into by two people before getting married that specifies what is done with property or money in the event of a death or divoce.

What is a Postnuptial Agreement?

A Postnuptial Agreement is the same type of agreement as premarital, but entered into after the marriage. An example of a postnuptial agreement could be one drafted to modify a prenup.

What legal documents need to be updated when I get married? 

The first documents you will need to make sure you have and are updated after marriage is your Will, Living Will and Power of attorney for Healthcare. Even though these my default to you wife it will save you time and money to specify these in the event of an emergency.


What Is a Prenuptial Agreement?

A prenuptial agreement is a legal contract made between two people who intend to get married. It outlines how their property and assets will be divided in case of a divorce or separation. In California, a prenuptial agreement is binding and enforceable as long as it meets certain conditions. Both parties must fully disclose their financial information and assets, and they should each have independent legal counsel to review and negotiate the terms of the agreement. It is important to note that a prenuptial agreement cannot include provisions related to child custody or child support, as these matters are determined by the court based on the best interests of the child.


Separate Property / Non-Marital Property

In California, separate property or non-marital property refers to assets that are exclusively owned by one spouse before or during the marriage. These assets can include properties, money, or businesses that were acquired before the marriage, as well as gifts or inheritances received by one spouse during the marriage. Unlike community property, which is shared equally between both spouses, separate property remains the sole ownership of the spouse who originally acquired it. However, it is important to note that if separate property gets mixed with community property or if it is actively commingled during the marriage, it may lose its separate property status and become subject to division during a divorce.


Savings and Retirement Goals

Saving for retirement is an important financial goal for many people in California. It involves setting aside money throughout your working years so that you can have a comfortable and secure future. Retirement goals often include having enough savings to maintain a similar lifestyle, covering everyday expenses and medical costs. In California, where the cost of living can be high, it is crucial to plan and save for retirement early on. By regularly saving and investing in retirement accounts such as a 401(k) or an individual retirement account (IRA), individuals can take advantage of tax benefits and potentially grow their savings over time. Therefore, it is essential to be mindful of your retirement goals and take steps to save effectively, ensuring a financially stable future in the vibrant state of California.


Alimony and Spousal Support

Alimony and Spousal Support in California are the payments made by one spouse to the other after a divorce or separation. It is like a financial support system to assist the spouse who earns less or doesn't have a stable income. The main purpose is to ensure both individuals can maintain a similar standard of living after the marriage ends. The amount of alimony and spousal support depends on various factors like the length of the marriage, the income and earning capacity of each spouse, and their financial needs. The duration of the support may vary as well, with some cases being long-term while others are temporary. California follows specific guidelines and laws to determine fair and reasonable alimony and spousal support amounts, aiming to provide a balanced and just outcome for both parties involved.


Children from a Previous Relationship

Children from a previous relationship in California are kids that a person has from a previous marriage or partnership before they came to California. They are like any other kids, but their parents are no longer together, and they might have a new step-parent or step-siblings. California is the state where these kids reside, and it's known for its sunny beaches, cool cities like Los Angeles and San Francisco, and lots of beautiful parks. These children may have to adjust to their new family dynamics, but there are laws in California that protect their rights and make sure they are taken care of just like any other children in the state.