Is a written agreement required for a Marvin/nonmarital cohabitation agreement to be enforceable?
Yes, a written agreement is necessary for a nonmarital cohabitation agreement to be enforceable in California.
What happens if a Marvin/nonmarital cohabitation agreement is found to be unconscionable?
If a nonmarital cohabitation agreement is deemed unconscionable by a court, it may refuse to enforce the entire agreement and deem it of no legal force and effect.
Can a Marvin/nonmarital cohabitation agreement address the payment of attorney’s fees?
Yes, a nonmarital cohabitation agreement can include provisions regarding the payment of attorney’s fees in case of a dispute or legal proceedings related to the enforceability of the agreement.
Can a nonmarital cohabitation agreement address the issue of retirement planning?
Yes, a nonmarital cohabitation agreement can address retirement planning and specify the status and how retirement assets and benefits will be handled in case of termination or the death of a partner.
Can a Marvin/nonmarital cohabitation agreement address the issue of inheritance rights?
Yes, a nonmarital cohabitation agreement can address inheritance rights and establish the rights of each partner to inherit from the other’s estate in case of death.
Can same-sex couples get married through a civil ceremony in California?
Yes, same-sex couples can choose to have a civil ceremony to solemnize their marriage in California, just like opposite-sex couples.
Can same-sex couples access assisted reproductive technologies and surrogacy in California?
Yes, same-sex couples have access to assisted reproductive technologies, such as in vitro fertilization (IVF), and surrogacy in California. The laws governing these processes apply to all couples, regardless of sexual orientation.
Can same-sex couples divorce in California?
Yes, same-sex couples can divorce in California through the same legal processes available to opposite-sex couples. The dissolution of a same-sex marriage follows the same rules and procedures as opposite-sex marriages.
Can same-sex couples have a common-law marriage in California?
No, common-law marriages are not recognized in California, regardless of the gender or sexual orientation of the couple. To be legally married, couples must go through the formal process of obtaining a marriage license and having a ceremony.
Can domestic violence protective orders be enforced across state lines?
Yes, protective orders issued in California can be enforced across state lines through the Full Faith and Credit provision of the Violence Against Women Act (VAWA) and under the CLETS process.