California Marital Settlements – December 2007 Summary

Legal Developments

Revised Notary Acknowledgement (effective January 1, 2008)

On October 10, 2007 Assembly Bill 886 was signed by Governor Arnold Schwarzenegger effective January 1, 2008.  The new law includes the following revisions to statutory acknowledgment and jurat certificates: 1) removes the words "personally known to me" from the statutory acknowledgment and jurat certificates; and 2) adds the words "I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct" to the statutory acknowledgment certificate.  Click here to link to the full text of AB 886 on the California Secretary of State web site.  Questions 826 (Acknowledgement: Officer Name), 827 (Acknowledgement: Officer Title) and Notary acknowledgement in the Agreement and Judgment.

General note: Law & Strategy has been updated throughout to reflect relevant case law developments since the last update.

Updated Product Features

New Option To Specify Agreement Date

You may now specify the agreement date effective on final signature.  This question is only asked for a marital settlement agreement and not for a Judgment.  New Q11 (How Specify Agreement Date).

New Option to Include General Statement to Divide Property

A new question allows for a more general statement confirming property division if the Parties have previously divided their personal property between them to their satisfaction.  New Question 112 (Community and Mixed Property).

New Furnishings Option for General Statement to Divide Property

A new option allows for a general statement confirming property division if the Parties have previously divided their household furniture, furnishings, and personal items between them to their satisfaction.  Question 156 (Furnishings Options).

Child Support Payment Questions Unbundled

The Amount of Basic Child Support, % of Bonus Income Used as Support and the Limit on Bonus Amount questions which previously appeared on one screen have been ‘unbundled’ and are now separate questions in order to enhance readability and improve question suppression.  If you open an answer file where these questions were previously answered they will appear unanswered and you will need to answer them again.  Questions 447 (Amount of Basic Child Support), 448 (% of Bonus Income Used as Support), and 449 (Limit on Bonus Amount).

New Child Custody Court Findings Provision

Family Code §3048 requires that the Judgment contain specific findings where the court has jurisdiction to make an initial child custody determination based on the following factors: (1)  The basis for the court's exercise of jurisdiction; (2) The manner in which notice to be heard was given; (3) A description of the custody and visitation rights of each party; (4)  A provision stating that a violation of the order may subject the party to penalties; (5) Identification of the country of habitual residence of the children; (6) Abduction risk factors. This provision and related questions replace old Question 95 (Minor Children Jurisdiction) and the related text that used to appear either in the ‘Factual Information’ provision if you selected ‘Yes, in list form’ or ‘Yes, in narrative format’ at Question 83 (Factual Info: Sections Options) or in the ‘Custody’ provision within the ‘Child Custody’ section if you selected ‘No, no separate section’ at Question 83.  New Questions 558-563 (Basis for Court Jurisdiction, Manner Notice Given, Manner Notice Given Specified, Desc of Custody/Visitation Rights, Custody/Visitation Rights Specified, Violation of Order).

New Options to Terminate Life Insurance Coverage on Spouse

New options to terminate life insurance coverage on the spouse include when the obligation to pay spousal [or family] support reduces to a reservation of jurisdiction, when spousal [or family] support irrevocably terminates or upon further order of the Court upon a showing of changed circumstances.  Question 627 (Termination of Coverage).

New Collaborative Law Process Provision and Options to Name Collaborative Counsel

Family Code section 2013 provides that if a written agreement is entered into by the parties, the parties may utilize a collaborative law process to resolve any matter governed by this code over which the court is granted jurisdiction.  As yet, the Legislature has yet to adopt guidelines for Collaborative Law Practice, although it is officially recognized in many local court rules. Options include a general statement describing the Collaborative Law Process and a statement committing the Parties to attempt to resolve future disputes via the Collaborative Law Process.  New Questions 714 (Collaborative Law Practice), 716 (Name of Wife’s Collaborative Counsel), 717 (Wife’s Collaborative Counsel Law Firm), 719 (Name of Husband’s Collaborative Counsel), 720 (Husband’s Collaborative Counsel Law Firm), 763 (Collaborative Law: General Statement), 764 (Collaborative Law: Future Dispute Res), 765 (Collaborative Law Process Review).

New Provision To Include A Statement Acknowledging The Effect Of Marriage Of Fellows

In Marriage of Fellows (2006) 39 Cal.4th 179, 46 Cal.Rptr.3d 49, the California Supreme Court discussed the effect of Fam. Code §4 on the effect of legislative changes to the Family Code.  The program includes a statement acknowledging the effect of Marriage of Fellows and waiving the right to seek to set aside the Agreement based upon a subsequent change in the law after its Effective Date.  New Question 807 (Marriage of Fellows Statement).

Software Upgrades

New ‘Search’ Feature Added

A major upgrade to the software in the form of a new ‘Search’ feature has been added that will greatly enhance use of the program. You may now search the Navigator, Answers, Law & Strategy, Notes, Question Help, and the Text that appears in the Progress window by selecting Search on the Lawgic menu and then Search again. This greatly expands the search capabilities of the program and eliminates the need to create the ‘Outline’ document --- created by selecting File, Send, Navigator/Outline -- for purposes of searching the questions and answers.

Drop-Down Menus Added

Drop-down menus have replaced radio buttons for ‘bundle’ questions (screens with more than one question on them), which contain long lists of answer choices.