1. + FAMILY LAW MARRIAGES

2. + The Definition of Marriage (in California) You should write this down…. CA Civil Code § 4100 defines “marriage” as A personal relation arising out of civil contract Between a man and a woman To which consent of parties capable of making a contract is necessary Followed by issuance of a license And solemnization [ to make official with a cermony]

3. + Details To Keep In Mind….. WHO CAN YOU MARRY? Has to be of the opposite sex Might change with Prop 8 decision CANNOT marry close relative not closer than 3 rd degree What’s third degree: you parents are 1 st degree, aunts, uncles, g-pa/g-mas 2 nd degree, cousins 3 rd degree YES you can marry your cousin Age of consent: in CA the age of consent is 18 OR if below 18 you need the consent of a parent/guardian AND a superior court judge Can only be married to one person at a time

4. + How To Make Your Marriage Legal (If you do it wrong, you AREN’T married!!!)  Get a marriage license from the county clerk office  Pay $93  you have 90 days to have your ceremony performed  Have some type of ceremony  Solemnization: couples must declare before authorized person that they take each other as HUSBAND and WIFE  Must have at least 1 witness other than spouse and person conducting the ceremony

5. + Community Property “I want it all: the money, car, the clothes” - If you get married in CA, that’s what happens! Everything you earn ($) or buy also belongs to your spouse - Separate property: all property acquired before or after marriage; gifts or inheritance Definition: all property acquired by either spouse DURING the marriage belongs to both spouses This means… If you get married and make a million dollars- your spouse gets HALF

6. + “If you ain't no punk holla' we want pre-nup WE WANT PRE-NUP!, yeah” - Kanye West A Premarital agreement (aka a prenup) is a document made BEFORE marriage where the couple sets forth the rights and responsibilities of the husband and wife What can be included: -Opting out of community property Most popular provision: what is mine is mine, what’s yours is yours - how to divide property if divorce - sex - what happens if one cheats - finances What can NOT be included: -can’t promote divorce - fidelity (can’t say “It’s ok if I act like Tiger Woods”- NEVER OK!) - support: husband can’t deny to help wife /wife can’t deny to help husband if she needs help financially

7. + Sample Prenup ________________________________________, hereinafter referred to as Prospective Husband, and _______________________________________, hereinafter referred to as Prospective Wife, hereby agree on this _____ day of ________________, in the year ______, as follows: YOUR TURN: what does your prenup entail? Be ready to share!