California Marital Settlements: August 2003 Summary

Legal Developments

California Supreme Court Applies Uniform Fraudulent Transfer Act to Marital Settlement Agreements

Law and Strategy updated to reflect Mejia v. Reed ( Aug. 14, 2003 NO. S106586) __ Cal.4th __, __ Cal.Rptr.3d __, __ P.3d __, 03 DJDAR 9119.   Questions 111 and 127.

California Court of Appeal Decisions Limit Reimbursement for Educational Expenses

Law and Strategy updated to reflect In re Marriage of Graham (May 21, 2003 NO. G029329) __ Cal.App.4th __, __ Cal.Rptr.3d __, 03 DJDAR 6875  (reimbursement is not warranted where the education did not substantially enhance the spouse's earning ability) and Weiner v. Weiner (2003) 105 Cal.App.4th 235, 129 Cal.Rptr.2d 288 (reimbursement is not required, even for payments made during marriage on debts incurred for education obtained before marriage, if the community substantially benefited from the education).   Questions 148 and 657.

Mediator is Legally Incompetent to Testify as to the Mediation Process

Law and Strategy updated to reflect Eisendrath v. Superior Court ( Rogers ) (2003) 109 Cal.App.4th 351, 134 Cal.Rptr.2d 716.   Question 703.

Updated Product Features

Agreement Language Terminating Jurisdiction over Spousal Support Strengthened

The document language has been slightly modified to provide that “no court shall have the ability to make a future award of spousal support, as provided above, regardless of when a Party may bring a motion to do so and irrespective of any change in economic or other circumstances of the Parties” and “no court shall have authority to provide for support of any amount at any time, except as specifically provided in this [Section #].”   Question 399.

Waiver of Disclosure of Investment Opportunities

You may now waive Disclosure of Investment Opportunities otherwise required by Fam. Code §2102 (a)(2).   New Question 659.

New Option Regarding Admonition to Seek Independent Legal Advice in Mediation Context

You may now “make no mention” of independent legal advice in the Mediation Section.   Question 702.

New Option to Switch Dependent Tax Exemption

You may now specify that when the party assigned a dependency exemption will not materially benefit from it (as where it is phased out due to high income) it will be switched to the other party.   New Question 713.

New PrivacyProvision

You may now provide that the Marital Settlement Agreement not become part of the public record.   New Question 731.

New Provision Specifying Conditions which will not Terminate Spousal Support

The document language will now expressly document your decision that specific events will not terminate support.   Question 367 .

New Option to Specify whether Conditions which will not Terminate Spousal Support will be a Basis for Modification

If you specify that certain events, such as the remarriage of the supported party, will not terminate support, you will be asked to specify whether the event may be considered as a basis for modification of spousal support.   New Question 370.