While it is not legally required, it is highly recommended that both partners have separate legal representation to ensure that their interests are protected, and that the agreement is fair.
No, parenting rights and responsibilities, including custody and visitation, cannot be determined by a nonmarital cohabitation agreement. These issues are decided by the court based on the child’s best interests, usually in a Parentage action.
Yes, a nonmarital cohabitation agreement can protect one partner’s business interests by specifying the status and how the business will be treated in the event of separation or the termination of the relationship. Keep in mind that depending on the terms of the Marvin/nonmarital cohabitation agreement, it can be agreed that the terms of the […]Continue reading
Yes, a nonmarital cohabitation agreement can include provisions regarding healthcare decision-making, allowing partners to designate each other as healthcare agents or provide consent for medical treatment. In the event of the termination of the relationship, each party should revisit such decision-making provisions as part of unwinding their relationship.
Same-sex marriage in California is defined as a legal union between two individuals of the same sex, granting them the same rights and responsibilities as opposite-sex couples.
Yes, same-sex couples can choose to have a civil ceremony to solemnize their marriage in California, just like opposite-sex couples.
California no longer offers domestic partnership registration for same-sex couples since same-sex marriage became legal. Couples already registered as domestic partners can choose to convert their partnership to a marriage.
No, in California, couples cannot have both a marriage and a domestic partnership. Same-sex couples can choose to dissolve their domestic partnership if they decide to get married.
Yes, same-sex married couples are entitled to receive survivor benefits from Social Security if they meet the eligibility requirements, just like opposite-sex married couples. The gender or sexual orientation of the spouses does not impact this entitlement.
Yes, same-sex couples can obtain a marriage license in any county in California, and the license is valid throughout the state. The process and requirements for obtaining a marriage license are the same for all couples, irrespective of sexual orientation.
