Are Holographic Wills Valid in California?

A question that many aging adults have is whether a handwritten will is legally enforceable in California. This type of will is known as a holographic will, which is a written document written by hand (not typed on an electronic device device) without witnesses. This article delves into the legal analysis of holographic wills in California, providing an in-depth look at the relevant laws and a notable case, Newman v. Casey, which sheds light on this topic.

Legal Framework for Holographic Wills in California

In California, holographic wills are indeed recognized as valid under certain conditions, as outlined in California Probate Code § 6111. To be considered valid, a holographic will must meet the following criteria:

  • Handwritten and Signed by the Testator: The entire will or the material provisions must be in the handwriting of the testator. Additionally, the testator must sign the document.
  • Intent: The will must clearly indicate that the document is intended to serve as the testator’s will.
  • Date: While not strictly necessary, including the date is advisable. An undated holographic will can present complications if there is a question about its timing relative to other wills.

These requirements make holographic wills a viable option for individuals who prefer a simple and informal way of expressing their final wishes. However, due to the lack of formality, holographic wills can lead to disputes and legal challenges, particularly if the language is ambiguous. In California, while there is no strict limit on the situations in which a holographic will can be valid, it is essential that the document meets the fundamental requirements of handwriting, signature, and intent to be recognized by the court.

Newman v. Casey: A Landmark Case

Newman v. Casey, the landmark case involving holographic wills, was decided by the California Court of Appeal in 1995 and provides precedent regarding the validity of holographic wills. In this case, the court examined the holographic will of Jere P. Casey, which was contested by Patricia Newman and others.

Facts of the Case: Jere P. Casey wrote a holographic will that left his estate to his partner, Patricia Newman, and others. The will was handwritten, signed by Casey, and included material provisions that specified the distribution of his assets. However, the will lacked a date, leading to a dispute over its validity.

Court’s Decision: The court upheld the validity of Casey’s holographic will. It emphasized that while the absence of a date could complicate matters, it did not invalidate the will as long as the document clearly demonstrated the testator’s intent and was signed by the testator. The court found that Casey’s handwritten document met the essential requirements under California law.

Implications: The ruling in Newman v. Casey reaffirmed that the core elements of a holographic will—handwriting, signature, and clear intent—are paramount. It also highlighted that while the absence of a date may complicate matters, it does not necessarily render the will invalid unless there are competing wills or other disputes about timing.

Consult the Law Office of David Knecht

Even though a holographic will is a simple solution, there are typically limitations and weaknesses of a holographic will that make them less effective for estate planning than other more formal tools. Consulting with an experienced estate planning firm, such as the Law Office of David Knecht, can help address potential issues and ensure that your will meets all legal requirements. Seeking legal counsel is particularly important to minimize the risk of disputes and ensure clarity in the document. Contact us today at (707) 451-4502. Our experienced team is ready to assist you.

Navigating Custody When Your Child Is Neurodivergent

Co-parenting after a divorce is challenging under any circumstances, but it becomes even more complex when a child is neurodivergent. The definition of neurodivergent from merriam-webster.com is a term used to describe individuals whose brain function differs from what is considered typical. Neurodivergent children—those with conditions like autism, ADHD, sensory processing disorders, or other developmental differences—often require a specialized parenting approach.

This article explores some of the common challenges parents face, strategies that can help make shared custody work, and important considerations when raising a neurodivergent child in two homes with suggestions originally published in a psychologytoday.com article about navigating shared custody with a neurodivergent child. Understanding how to navigate shared custody in a way that prioritizes the well-being of neurodivergent children is crucial for co-parenting success.

Understanding the Challenges of Shared Custody for Neurodivergent Children

  • Create structure and routine: Neurodivergent children often thrive on structure and routine. Transitions between two homes, particularly when those environments are different, can cause stress or confusion. Neurodivergent children may have specific needs related to sensory input, communication, or emotional regulation, which must be considered when designing a custody plan. Frequent changes in environment, inconsistent schedules, or differing parenting styles between households can exacerbate stress and anxiety for these children.
  • Avoid plans that involve frequent transitions. Transitions like alternating weeks or mid-week switches—may not be suitable for neurodivergent children. These transitions can cause emotional dysregulation, as these children often struggle with changes in routine.

Tailoring Plans to Neurodivergent Children

When creating a custody plan, consider the following strategies to support the needs of your neurodivergent child:

  • Consistency Between Homes. Consistency is essential for neurodivergent children. Maintaining the same daily routine in both homes—such as mealtimes, bedtime, and therapy schedules—can reduce stress. A parenting plan that outlines these routines to ensure both parents are on the same page can help minimize confusion for the child.

Co-parenting Communication

  • Clear and Regular Communication.

Both parents need to be informed about the child’s daily activities, progress in school or therapy, and any behavioral or emotional changes. Consistent communication ensures that the child receives the same support, regardless of which parent they are with. Using a shared online calendar or app specifically designed for co-parenting can help parents stay on the same page about appointments, therapy sessions, and medications.

Managing Therapy and Special Needs

  • Coordinating Therapies.

Neurodivergent children often require specialized therapy, such as speech therapy, occupational therapy, or behavioral therapy. It is crucial to have clear agreements about who will handle therapy appointments and how both parents can continue supporting the child’s progress across both homes. Additionally, behavioral therapy often involves routines and exercises that need to be consistently implemented. Parents should work together to ensure that both homes are equipped to support the child’s therapy, whether that involves certain tools, exercises, or routines.

Education and School Support

  • Take advantage of school resources.

For many neurodivergent children, school is a critical part of their support system. These children may have individualized education programs (IEPs) or 504 plans that provide accommodations to help them succeed. Parents should attend school meetings together when possible and agree on how to address any issues related to the child’s education.

Additional Tips for Raising a Neurodivergent Child

Contact an Experienced Divorce Attorney

Co-parenting a neurodivergent child presents specific challenges that require careful consideration and collaboration. At the Law Office of David Knecht, we prioritize you and your family. We have extensive experience in divorce and want to help you achieve the best parenting plan for your children. Contact us today at (707) 451-4502. Our experienced team is ready to assist you.

How to Bring Up a Prenup Without Sounding Like a Jerk

Bringing up a prenuptial agreement can be a sensitive topic for many couples, but this article will discuss suggestions on how to approach this difficult conversation, with ideas originally published in a HuffPost article entitled, “How to Bring Up a Prenup without Sounding Like a Jerk.”

A prenuptial agreement, or prenup, is a legal document that outlines how a couple’s assets will be divided in the event of a divorce and a postnuptial agreement is the same, but agreed to after marriage. Why would you want to bring up a prenup or postnup? According to a CDC report, over a 10-year period, 43% of marriages end in divorce, so understanding your financial risks and liabilities in advance of divorce can be very helpful to streamline the divorce process later on.

Timing is Everything

When bringing up a prenup, timing is crucial. Avoid discussing it during high-stress moments or when you’re in a heated argument. Choose a calm, private setting where both of you can talk openly without distractions. According to HuffPost, it’s best to start this conversation well before the wedding planning begins, giving both partners ample time to consider and discuss the agreement.

Frame it as a Joint Decision

Presenting the prenup as a mutual decision rather than a one-sided demand can help ease tension. Emphasize that a prenup is a way for both of you to protect your individual interests and the financial health of your marriage. For instance, you might say, “I think it would be good for us to talk about a prenup to make sure we’re both protected and clear on our financial expectations.”

Focus on the Positive

Highlight the benefits of having a prenup. Explain how it can provide peace of mind and prevent future conflicts. Mention that it’s not about mistrust but about being proactive and responsible. The California Department of Financial Protection and Innovation suggests discussing financial matters openly as part of healthy relationship practices.

Be Honest and Transparent

Transparency is key when discussing a prenup. Share your reasons for wanting one and listen to your partner’s concerns. Avoid using ultimatums or making it seem like the prenup is non-negotiable. Instead, approach the conversation with empathy and a willingness to compromise.

Seek Professional Advice Together

Consider consulting with a financial advisor or attorney together. This can help ensure that both partners understand the legal aspects of the prenup and feel that their interests are being fairly represented. It also demonstrates that you’re taking a collaborative approach to the agreement.

Use Real-Life Examples

Sometimes, real-life examples can help illustrate the importance of a prenup. Share stories of friends or family members who have benefited from having one or faced difficulties because they didn’t. This can make the concept more relatable and less intimidating.

Reassure Your Commitment

Reiterate your commitment to your partner and the relationship. Make it clear that the prenup is not about doubting the marriage’s success but about protecting both of you in the future. Assure your partner that you’re in this together, and the prenup is just one part of a broader conversation about your future.

Follow Up

After the initial conversation, give your partner time to process the information. Follow up later to see how they’re feeling and to address any further questions or concerns. This ongoing dialogue can help build trust and ensure that both partners are comfortable with the decision.

Contact a California Family Lawyer

Bringing up a prenup is difficult, but with planning and consideration for each other, you can discuss a prenuptial agreement in a way that respects and values both partners’ perspectives. At the Law Office of David Knecht, we have extensive experience in all aspects of family law, and we focus on serving clients in Solano, Napa and Yolo. Contact us today at 707-451-4502.

Divorce Dilemma: To Settle or Go to Trial?

If you follow Hollywood divorces, you may have seen the story on MSN which reported that just one day prior to her passing from cancer, Shannen Doherty, finalized her divorce. Doherty is best known for her roles in “Beverly Hills, 90210” and “Charmed.” With the timing of her divorce settlement the day before her death, Doherty’s divorce has been in the public eye. Doherty, like most people engaged in a divorce, faced the classic divorce dilemma: To settle or go to trial?

This article will discuss the Doherty settlement and suggest ideas five steps to help you evaluate your own divorce case with ideas originally published by Forbes, in an article addressing this common divorce dilemma.

Doherty Settlement Details as per Fox News:

  • Asset division: Shannen Doherty retained ownership of certain assets, such as their Malibu home, three vehicles and four bank account s and 100% of the community property interest in retirement assets for her Screen Actor’s Guild pension plan.
  • Shannen’s image: Images of Doherty taken by Iswarienko are to be removed from his website, and he is “prohibited from exploiting the photographs” of Doherty.
  • Support: Prior to her death, Doherty claimed that her ex-husband, Kurt Iswarienko, was prolonging their divorce in hopes that she would die before he was required to pay her. See Fox News.  Both parties agreed to terminate support. For more details, visit US Magazine.

Step 1: Consider Your Priorities

  • Priorities: A key step in deciding whether to settle or litigate is to determine what your divorce priorities are and to see whether a settlement can address them.
  • The Doherty divorce is an interesting case study because the issue that reportedly was a main point of contention – ongoing support for Shannen Doherty – ended up being somewhat moot, considering that she died just a day after the divorce was settled.
  • None of us has a crystal ball, and the Doherty case illustrates the challenges in evaluating where to give and where to take in a divorce settlement.

Step 2: Analyze the Advantages of Settling in Your Case:

  • Cost-Effective: Settling outside of court can save significant legal fees and other costs associated with a lengthy trial.
  • Time-Saving: Settlements are typically faster than trials, allowing both parties to move on with their lives sooner.
  • Control: Couples have more control over the outcome, negotiating terms that work best for both parties rather than leaving decisions to a judge.
  • Privacy: Settling keeps personal matters out of public court records, maintaining privacy for the involved parties.

Step 3: Evaluate the Disadvantages of Settling in Your Case:

  • Potential for Unfairness: One party may agree to terms that are not entirely fair due to pressure or a desire to conclude the process quickly.
  • Lack of Finality: If not handled properly, settlements can leave issues unresolved, leading to future disputes.

Step 4: Weigh the Advantages of Going to Trial for You:

  • Legal Resolution: A judge makes decisions based on the law, which can be beneficial if one party is uncooperative or unreasonable.
  • Binding Decisions: Court decisions are legally binding and enforceable, providing a clear and definitive outcome.
  • Fairness: The court aims to be impartial, which can lead to a fairer distribution of assets and responsibilities.

Step 5: Forecast the Disadvantages of Going to Trial for You:

  • High Costs: Trials are expensive, with costs including attorney fees, court fees, and other expenses.
  • Time-Consuming: The trial process can be lengthy, often taking months or even years to reach a conclusion.
  • Stressful: The adversarial nature of trials can be emotionally draining for both parties.

Making the Decision

Deciding whether to settle or go to trial depends on various factors, including the complexity of the assets, the level of conflict, and the ability of both parties to negotiate fairly. Consulting with a knowledgeable divorce attorney can provide valuable guidance tailored to your specific situation.

Contact an Experienced California Divorce Attorney

Deciding whether to settle or go to trial depends on various factors, including the complexity of the assets, the level of conflict, and the ability of both parties to negotiate fairly. Consulting with a knowledgeable divorce attorney can provide valuable guidance tailored to your specific situation. At the Law Office of David Knecht, we have extensive experience in all aspects of California family law. We focus on serving clients in Solano, Napa and Yolo. Contact us today at 707-451-4502.

5 More Tips for Success in Your California Divorce Deposition

Are you prepared for your divorce deposition? This article will help get you ready. It is part 2 of a two-part list.

This article will suggest general best practices for witnesses in a divorce deposition with ideas that were originally published here: https://natlawreview.com/article/help-how-do-i-prepare-divorce-deposition. See also https://www.americanbar.org/groups/government_public/publications/public-lawyer/2022-winter/effective-witness-preparation/

Never volunteer information.

  • It is the opposing counsel’s job to ask the questions and your job to answer them. Do not help the other side by volunteering information.

Do not guess when responding to a question.

  • Witnesses often feel pressured to know the answer to everything, but you can only answer to the things you actually know.
  • Make sure you understand the question itself and ask for more clarification if needed.
  • If you do not remember, then just say that you do not remember.
  • If you do not know the answer, then just say that you do not know.

Ask to see the document.

  • If the attorney is asking you about an email, text, or document (such as a report or a statement), ask to see the document. You are not expected to remember everything, and it will benefit you to have the document in front of you.
  • Even if the attorney has not referenced a document, you can preemptively strike by asking if there are any documents that they are aware of that relate to their question to refresh your recollection.
  • If the attorney insists that the document states a certain fact, you can ask him or her to point to you the section they are referencing. Many witnesses may feel pressured just to agree without holding the opposing counsel accountable to identify where in the document they are referencing.

Ignore the opposing counsel’s nonverbal manipulations.

  • Sometimes attorneys use ploys to try to get you to second guess your answer or to feel uncomfortable. This could be in the form of silence, a tilted head, raised eyebrows, a stare of disbelief or a look of shock. Ignore these cues and wait for the next question. Do not fill the silence with words.

Stick to your answer.

  • The opposing attorney may ask you the same question ten different ways to try to get you to change your answer. Watch out for the attorney saying, “I can’t remember if I asked you this, but…” They are either trying to get a different answer from you or trying to emphasize something they think is important to their case. If your original answer was accurate, stick to it.

Contact an Experienced Divorce Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of family law. We will be by your side in all phases of your divorce process, including preparing for your deposition. Contact us today at 707-451-4502.

Frozen Embryos and Divorce: New Legal Developments

Because of advances in technology, millions of people have become parents through in vitro fertilization (IVF). For various reasons both scientific and practical, most IVF cycles result in additional frozen embryos, which become the subject of dispute upon divorce. This area of the law is developing in many states, and this article will summarize a famous California case, the recent developments in federal law that may impact embryo cases, and the latest battle over embryos in Texas. Information about statistics from the following:  https://www.asrm.org/globalassets/_asrm/advocacy-and-policy/advocacy-activities/2024/asrm-antoun-v-antoun-amicus-brief.pdf

Vergara v. Loeb, California case

  • This case involved embryos created by the actress Sofia Vergara and her ex fiancée.
  • After the relationship ended, Vergara wanted to block him from using the embryo.
  • The court sided with Vergara, granting her a request for a permanent injunction preventing Loeb from using the embryos.
  • Takeaways: the written contract governing the use of the embryos was enforced by the court
  • Link to the case can be found here: https://scholar.google.com/scholar_case?case=10461940742055588929&q=+vergara+v.+loeb&hl=en&as_sdt=6,45

Supreme Court case, Dobbs, may impact embryo law in the future

  • In 2022, the United States Supreme Court changed the legal landscape for abortion.
  • Previously as per Roe v. Wade, abortion was a Constitutional right.
  • With Dobbs, the Supreme Court reviewed the common law and historical support for abortion, and finding it lacking, held that there is no Constitutional right to abortion.
  • This decision leaves the power in the hands of individual states to determine whether abortion is legal in each state under state law.
  • This case may have an impact on embryo law, as some may argue that there is no Constitutional right not to parent (which has been the reasoning behind some states awarding embryos to the party who does not want to be a parent).
  • The link to Dobbs can be found here: https://scholar.google.com/scholar_case?case=10996775398954026979&q=Dobbs&hl=en&as_sdt=6,45

New Developments in a Texas Embryo Case

  • ABC News recently reported that the Supreme Court in Texas has requested briefing on an embryo case. See https://abcnews.go.com/US/texas-divorce-case-impact-ivf-care-state/story?id=110224216
  • The briefing request does not mean that the Supreme Court will consider the case, but it is a step in getting review from the state’s highest court.
  • The wife in the case is arguing that the Supreme Court Dobbs decision changed the legal landscape and that her embryos are children.
  • The husband is arguing that the contract the couple executed controls the court’s decision over embryos, which should be defined as property.
  • The link to the case can be found here:

https://scholar.google.com/scholar_case?case=858795811714986055&q=antoun&hl=en&as_sdt=6,45

Contact an Experienced Family Law Attorney

If you have questions about embryos or any other aspect of family law, contact us today. At the Law Office of David Knecht, we have extensive experience in all aspects of family law, and can help you with divorce, modification, prenuptial agreements, or any other family law issue. Contact us today at 707-451-4502.

The Danger of Declining Estate Planning Rates

Do you have an estate plan? If not, you are not alone, and you may be responding to the latest trends affecting Americans and their estate planning practices. Statistics show that Americans are responding to financial trends including income inequality and rising inflation, and these factors are having an impact on estate planning nationwide.

This article will discuss the statistics and trends and potential impact these may have, with information derived from Caring.com’s 2024 Wills and Estate Planning Survey and an article about the danger of declining estate planning rates originally published by Forbes. See https://www.caring.com/caregivers/estate-planning/wills-survey/ and https://www.forbes.com/sites/matthewerskine/2024/03/20/the-danger-of-declining-estate-planning-rates/?sh=2db3b6924e33

What are the main estate planning trends?

  • As reported in a survey by Caring.com, for the first time since 2020, the number of Americans with a will has declined.
  • Only 32% of Americans have an estate plan in 2024.
  • security for loved ones.
  • For business owners, estate planning ensures business continuity.
  • For art lovers, a plan can preserve the value of art collections.
  • Estate planning can minimize taxes, preserve your legacy and facility philanthropic goals
  • Estate planning can involve more than financial assets.
    • It can control healthcare decisions
    • Designate what happens with your digital and social media assets
    • Provide guidance on how children are looked after in the event of an emergency

What can you do to address these estate planning concerns?

  • The obvious first step is to get your own affairs in order. At the Law Office of David Knecht, we have extensive experience in all aspects of estate planning, and we can help make this process easy. To get started or to freshen up a preexisting plan, contact us today at 707-451-4502.
  • Talk to friends and family. If you estate plan is prepared, talk to your loved ones about how they can get steps to be prepared for the future.
  • Get involved in your community and talk about estate planning with new friends and associates. You can look for opportunities to serve in local communities, on sites such as https://www.cityofvacaville.gov/i-want-to/volunteer

Estate Planning Does Not Have to Be Intimidating

Estate planning can be complicated and it does involve facing the inevitable occurrence of your passing on, but it does not have to be intimidating. All it takes to get started is one call to your estate planning attorney, and we will help you do the rest.

  • This is a 6% decline from last year.
  • 40% of people without a will attribute that to not having enough assets to leave to anyone.
  • The study found 16% notable decline among lower-income Americans.

What are other surprising niche trends?

  • Around 85% of successful business owners have outdated estate plans.
    • This can potentially lead to unintended consequences due to changes in tax law and personal circumstances.
  • Only about 10% of ultra-high net worth individuals with significant art collections have planned for their transfer.
    • This can potentially risk disputes among heirs or mismanagement of the collection.

Why is estate planning important?

  • Estate planning is crucial for distributing assets as to one’s wishes and providing financial security for loved ones.
  • For business owners, estate planning ensures business continuity.
  • For art lovers, a plan can preserve the value of art collections.
  • Estate planning can minimize taxes, preserve your legacy and facility philanthropic goals
  • Estate planning can involve more than financial assets.
    • It can control healthcare decisions
    • Designate what happens with your digital and social media assets
    • Provide guidance on how children are looked after in the event of an emergency

What can you do to address these estate planning concerns?

  • The obvious first step is to get your own affairs in order. At the Law Office of David Knecht, we have extensive experience in all aspects of estate planning, and we can help make this process easy. To get started or to freshen up a preexisting plan, contact us today at 707-451-4502.
  • Talk to friends and family. If you estate plan is prepared, talk to your loved ones about how they can get steps to be prepared for the future.
  • Get involved in your community and talk about estate planning with new friends and associates. You can look for opportunities to serve in local communities, on sites such as https://www.cityofvacaville.gov/i-want-to/volunteer

Estate Planning Does Not Have to Be Intimidating

Estate planning takes some time, and it does involve facing the inevitable occurrence of your passing on, but it does not have to be intimidating. All you need to get started is one call to your estate planning attorney, and we will help you do the rest.

What is an Executor for Estate Planning in California

With the recent passing of O.J. Simpson, the executor of his estate has been in the news. This article will explain some basics about what an executor is and what duties they perform, with examples from the O.J. Simpson estate. (Note: O.J.’s will was filed in Nevada, but for the basic principles relating to executors, this article does not differentiate between California and Nevada law.)

What is the definition of an executor?

  • An executor is a person named in a Will and appointed by the court to carry out the dead person’s wishes. The executor is also called the personal representative of the estate.

Who is the executor in the O.J. Simpson case?

  • J. Simpson’s final will was filed in Nevada, following his death after a battle with cancer.
  • Simpson’s longtime Las Vegas attorney Malcolm LaVergne was named as Simpson’s personal representative and executor of the will and testament, according to court records.
  • His property was placed in The Orenthal Simpson Revocable Living Trust.

One of the general duties of an executor is to handle creditor claims.

What debts are at issue with the O.J. Simpson case and how are they being managed?

  • LaVergne, the executor in the Simpson case, addressed the $33.5 million civil judgment awarded to the families of Simpson’s ex-wife, Nicole Brown Simpson and her friend Ronald Goldman by a California jury in 1997. He was sued by their families for wrongful death and found liable by a civil jury, which puts them in the position of creditors to Simpson’s estate.
  • LaVergne said that the families would be put in the “pecking order” of creditors behind the IRS.
  • In a phone interview, he said he would fight any payout from the estate to the Golman family.
  • As per the CNN article, he told reporters: “It’s my hope that the Goldmans get zero, nothing,” LaVergne told the outlet. “Them specifically. And I will do everything in my capacity as the executor or personal representative to try and ensure that they get nothing,” he said.
  • In a follow up interview he backtracked, saying that perhaps he had been too harsh against the Goldmans: “Now that I understand my role as the executor and the personal representative, it’s time to tone down the rhetoric and really get down to what my role is as a personal representative.”
    • See https://www.yahoo.com/news/o-j-simpson-cremated-estate-192531874.html

What other executor-related issues that have arisen in the O.J. Simpson case?

  • According to an NBC News article, republished at yahoo.com, O.J.’s executor has made statements about a few other estate matters.
  • LaVergne has been contacted by scientists requesting access to O.J.’s brain to study CTE, which is chronic traumatic encephalopathy, a degenerative brain disease that has been studied in former football players.
  • LaVergne is refusing these requests and O.J. will be cremated.
  • Simpson’s will asked for money to be retained to create a suitable monument at his gravesite, so this will be a responsibility for his executor.
  • His will also indicated that his wishes were that there should be no litigation or dispute, and any beneficiary or heir who did not follow that dictate would receive only $1.00 in lieu of any other interest to which they were due.

Contact an Experienced Estate Planning Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of family law and can help you complete your own estate plan or assist you with properly administering the estate of a loved one who has passed. Contact us today at 707-451-4502.

California Prenuptial Agreements: Lessons from the Golden Bachelor Divorce

For fans of reality television, the announcement of the divorce of Gerry Turner and Theresa Nist from the popular ABC show, the Golden Bachelor, highlights the importance of prenuptial agreements.  This article will discuss the importance of prenuptial agreements and highlight lessons learned from this high-profile divorce with facts sourced from this New York Times article: https://www.nytimes.com/2024/04/12/style/golden-bachelor-divorce-gerry-turner-theresa-nist.html

Use Prenuptial Agreement Discussions to Sort Out Important Life Choices

  • In the case of this Golden Bachelor couple, they seemingly had life experience, financial incentives and an inspiring television love story to help glue the marriage together.
  • So where did they go wrong?
  • Interestingly, Theresa and Gerry did have prenuptial agreements in place prior to the marriage, but apparently, they did not fully utilize the opportunity to come to a consensus on their life plan.

Prenuptial Agreements Can Be A Marriage Plan, and Not Just a Divorce Plan

  • This article advocates for greater communication prior to marriage, “When couples discuss and memorialize their intentions, whether it be to leave the workforce to raise children or grow an investment portfolio, there is less uncertainty and greater transparency.”
  • This perspective sheds new light on a prenup: Marriage is not just a romantic union, but an economic union, and in the absence of a prenup, the couple’s property will be governed by the California Family Code, which takes a community property approach to property division.

How Can I Benefit the Most From the Prenup Process?

  • One approach is to ask questions to yourself and your partner to understand where you are and where you want to go:
    • What do I want to accomplish from a prenup?
    • Have my spouse and I discussed and agreed on important life decisions?
    • Do I want to do something different than the default?
    • Does my spouse want to do something different?
    • What is motivating our decisions?
  • Some couples engage with a therapist prior to seeking legal advice, so that the therapist can facilitate a safe space for honest discussion.
  • Although each party should be represented by independent legal counsel, a benefit may be obtained by considering the process to be one of collaboration to find solutions rather than a negotiation with winners and losers.

Contact an Experienced Family Law Attorney for Your Prenuptial Agreement Needs

At the Law Office of David Knecht, we have extensive experience in all aspects of family law, and can help you plan, understand and finalize a prenuptial agreement. We all have many years of practice in divorce, custody issues, and all family law matters. Contact us today at 707-451-4502.

Recent Celebrity Divorces Part 2

If you are splitting up with a significant other, you are probably going through a range of emotions, and learning about others going through the same challenges can help you navigate and deal with your divorce or break up. This article is Part 2 of a list of famous couples who have split up in the last year. See https://www.cosmopolitan.com/uk/entertainment/g44441257/celebrity-break-ups-divorces/.

Hugh Jackman and Deborra-lee Jackman.

  • The divorce announcement shocked many Hugh Jackman fans because they were separating after 27 years of marriage.
  • They met in 1995 and got married a year later. They share two children.
  • Hugh is 13 years younger than Deborrah-lee.
  • In a joint statement they attributed the split to a journey now “shifting” and said they wanted to pursue their individual growth.

Natalie Portman and Benjamin Millepied.

  • Reports of their split surfaced in August 2023 when Natalie was spotted without her wedding ring.
  • They met in 2009 while working on the movie Black Swan, and were married 11 years.
  • They share two children: son, Aleph 12, and daughter Amalia, 6.

Sofia Vergara and Joe Manganiello.

Ariana Grande and Dalton Gomez.

  • TMZ reported that they have been separated since January 2024.
  • They married in secret in 2021.

Kevin Costner and Christine Baumgartner.

  • News broke in May of 2023 that Christing had filed for divorce.
  • They had been married for almost 19 years, so the divorce was highly publicized.
  • They have two sons and a daughter.
  • Kevin is reportedly staying positive in spite of the messy split. See https://www.yahoo.com/entertainment/kevin-costner-kept-positive-outlook-143455880.html

Contact an Experienced Divorce Attorney

Divorce is never easy for anyone, but we are experienced family law attorneys ready to take away the stress and fear you may feel when facing the divorce process. At the Law Office of David Knecht, we have extensive experience in family law and can help you understand and litigate your California divorce. Contact us today at 707-451-4502.