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Sunset Clauses Are Beautiful But Not For Prenups

Sunset clauses are beautiful but not for prenups.

A “sunset clause” is exactly the way it sounds.  Just as the sun “sets” at the end of the day and is no longer, a sunset clause invalidates a contract (a prenuptial agreement is a contract) at a pre-determined time.  But unlike this beautiful Cabo sun, the prenup doesn’t rise again the next day.  It expires.  Nilch.  Nada.

5 Reasons I don’t like them and I advise AGAINST them in a prenup:

  1. A contract is a contract. 

Quitclaim Deeds and Transmutations of Property Family Code 852

Quitclaim deeds and transmutations of property under California Family Code section 852.

Another woman just came in, freaking out that she signed away property rights because a few years ago, her husband told her to sign a “quick-claim” deed on the house they purchased during the marriage.

First of all, it’s a “quitclaim” deed.  And while we’re at it, family lawyers use “Dissomasters”, NOT “Discomasters”.   (It always makes me smile).

So, back to her question –

My spouse is unfaithful! Can I punish him?

Every day, and especially on Valentine’s Day, our firm receives several phone calls which go like this: “Hi, I want to sue my husband (wife) for cheating on me and ruining my life.  He/she must pay!”

It’s been a while since I’ve blogged about the legality infidelity, and so I dedicate this post to all the ones who’s called with this question.

Is cheating illegal? 

In 2009, it was illegal in 22 states.  

In Vitro Gametogenesis and Family Law

 

In vitro gametogenesis and the future of family law.

My mother taught me about birds and bees in 1982.  She read me a book (kind of like this one I just read to my kid).  Sperm comes from a man.  Egg comes from woman.  They kiss, and sperm gets into egg, and baby is made.

So simple!?

Not anymore.

In October 2016, reproductive biologist Katsuhiko Hayashi announced that his team at Kyushu University successfully created fertile mice egg cells entirely from skin cells. 

How to Keep Your Divorce Affordable: 8 Tips

Expensive Divorces

January is divorce month for divorce lawyers!!!  With attorneys’ rates being 250 – 1000/hour, how can anyone afford divorces these days?

Without further ado, my tips for keeping your divorce affordable.

  1.  Hire an experienced mediator.  If you can agree on one thing, should be how your divorce is handled.  Research mediators and find an experienced one who both of you trust.  Sit down with this mediator and hash out your issues.

Cohabitation Before Marriage: Pros and Cons

Cohabitation before marriage: Pros and Cons

I am constantly asked by people (usually those who already live together), “Is there any advantage to getting married?  We are practically married, and it just seems like an extra step.”

This always seems like such a weird question for a divorce lawyer, but I generally vaguely respond, “Marriage is grand.  Divorce, a hundred grand”.  I guess with all answers coming from the mouth of a lawyer, the answer is,