Do I need my own attorney for a Prenup?

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Yes.  Prenuptial agreements require that both parties are fully informed about California law and that they disclose finances. Having attorneys on both sides of the agreement prevents future questions about fairness.  A Prenup without two attorneys may be subject to future litigation and enforcement.  Think of it like paying for both the bachelorette and the bachelor party.If you are drafting a premarital agreement and have questions,  you can contact me at Amanda@gordonfamilylaw.com for more information.

Getting Married? Here is why you want a Prenup.

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California is a community property state, which means that if your tech startup idea takes off during the marriage, the business will be split (often 50:50) if you get a divorce. This includes any appreciation to any property (like RSU grants and condos) that you acquired prior to marriage. You can opt out, but only with an agreement.  

Gordon Family Law offers workshops at technology companies and individual client services for pre-marital agreement drafting, review, and negotiating agreements entered into prior to marriage.  If you are working in Silicon Valley, have equity in a company, or previously purchased assets, you should be thinking about a prenup.  If you are drafting a premarital agreement and have questions,  you can contact me at Amanda@gordonfamilylaw.com for more information.

Reimbursement and Divorce

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Did you contribute money that you earned prior to marriage to property that was acquired during marriage? If so you could be entitled to reimbursement. 

Reimbursable separate property contributions to community property are defined in Fam C §2640(a).

If you make downpayments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property, you could be entitled to reimbursement at divorce.

Please note that Fam C §2640(a) does not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property.

A party who makes such contributions to the community will be reimbursed if the contributions are traced to a separate property source, unless he or she has waived the right to reimbursement in writing or has signed a writing that has the effect of a waiver. Fam C §2640(b). 

If you have a reimbursement issue If you are drafting a premarital agreement and have questions,  you can contact me at Amanda@gordonfamilylaw.com for more information.

New 2017 Family Code Sections

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  • Family Code Section 70: Date of separation.
  • Family Code Section 143: “Spouse” includes ‘registered domestic partner”.
  • Family Code Section 215: Service of new (post-judgment) request for order.
  • Family Code Section 302: Consent to marriage.
  • Family Code Section 304: Premarital counselling.
  • Family Code Section 306.5: Marital name.
  • Family Code Section 308: Marriage out of state.
  • Family Code Section 360: Duplicate marriage license.
  • Family Code Section 400: Solemnization of marriage.
  • Family Code Section 420: Form of ceremony of marriage.
  • Family Code Section 500: Confidential marriage.
  • Family Code Section 2103: Waiver of preliminary declaration of disclosure.
  • Family Code Section 7613: Assisted reproduction.
  • Family Code Section 8712: No adoption by convict of violent felonies.
  • Family Code Section 9001: Step parent adoption.

Ex Parte in San Francisco County

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If you are filing an ex - parte request in San Francisco County Family Court you will need to follow this procedure:

1.  Contact the Clerk in 402 requesting a hearing date.  (Ex Parte's are held at 1:30) 

2.  Notice the opposing party prior to 10:00 am the day before the Ex Parte is held with your intent to file the Ex Parte.  Notice can be provided via the following: phone, voicemail, fax. 

3.  File the Ex Parte request: FL 300, FL 303, FL 305 before 1:00 pm the day before the Ex Parte is held.

4. Provide copies of your filed Ex Parte to opposing counsel.

5.  You must physically appear in person at the Court for your ex parte hearing. 

You can contact me at Amanda@gordonfamilylaw.com for more information.