1. People & Relationships

California Divorce Law Continued

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CHILD SUPPORT:

Both parents of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances. The duty of support continues until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. Both parents have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.

The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article. [Based on California Family Code - Sections: 3900, 3901,3910, 4052]

PREMARITAL AGREEMENT:

To be valid, a premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property. (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. (4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement. (5) The ownership rights in and disposition of the death benefit from a life insurance policy. (6) The choice of law governing the construction of the agreement. (7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

The right of a child to support may not be adversely affected by a premarital agreement. Any provision regarding spousal support, including but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. [Based on California Family Code - Sections: 1611, 1612]

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