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Effects of Prenuptial Agreements on Community Property

California is a community property jurisdiction. Which means that there is a presumption that all the assets and debts that are attained during the marriage are community in nature, belonging to both husband and wife. This is only a presumption and it can be rebutted under certain circumstances. Our divorce lawyers often receive questions about how to protect their assets before or during their marriage. We have created this brief overview of pre/post-nuptials, in an effort to help all of our potential Los Angeles clients. If you have additional questions about how pre/post nuptial agreements might affect your community property rights, call Berenji & Associates today for a free consultation. Prenuptial Agreements One way that the parties can circumvent the effects of the community property presumptions … Continued

Legal And Physical Custody Explained

There are two types of child custody in California, legal and physical custody. While both are equally important, individuals tend to argue and fight over physical custody a lot more than legal custody. Legal custody is the custodial rights over legal issues such as issuance of passport, issuance of driver’s license, decision making over non-emergency medical care, choosing the minor child’s school and doctors, etc. Physical custody is exactly what it sounds like, it is the physical custodial rights over the minor child. Legal Custody Legal custody of the minor children is usually joint unless one side can show that the other is not making decisions in the best interest of the minor child or that they are so difficult to … Continued

Is My Marriage Valid in California?

At Berenji & Associates, we often get questions regarding what makes a valid marriage and how that affects the community property rights. California is a community property jurisdiction, which means that there is a presumption that all the assets and debts that are attained during the marriage are community in nature, belonging to both husband and wife. In most cases, a valid marriage has to exist between a Husband and a Wife for the community estate laws to apply. What Is A Valid Marriage? A valid marriage is one where there is a marriage license issued by the county and the marriage is consummated by an official with the power to marry the couple and then a marriage certificate is … Continued

Does My Spouse Have to Testify?

There are two distinct evidentiary privileges in California for married couples. They are testimonial privilege (California Evidence Code 971) and confidential communication privilege (California Evidence Code 980). This is a complicated area of the law, and if you need assistance because a spouse is seeking a restraining order against you, call Berenji & Associates today for a free consultation. These privileges preclude a spouse from being called to testify their spouse, and prevent the disclosure of confidential spousal communications. While these privileges seem broad, there are important exceptions one must consider before attempting to invoke these privileges. Cal Evid. Code 971 states: Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has … Continued