Hi, my name is John Griffith. I'm a family law and divorce attorney here in San Diego, California. This is one of a series of videos aimed at addressing common issues that come up in California divorce and family law cases. I should note that nothing I say is intended to be or should be taken as legal advice. Every family law case is different and has its own unique set of facts and circumstances. If you need legal advice, talk to a family law attorney for free consultations at my office. Feel free to give me a call and we'll talk about your case. Today, I'll be talking about premarital or prenuptial agreements and whether or not your premarital agreement is valid. Okay, so you're in a situation where you're thinking about getting a divorce or you're going through a divorce and you have a premarital agreement, and you need to enforce it. Or you're in the reverse situation and you want to invalidate the premarital agreement that you entered into before you got married. It's important that you know what California law says about drafting a valid premarital agreement. It's a very intricate set of statutes and case law that have come down, and the California courts want to protect actually both parties from certain things. I'll address the items that can be included in a premarital agreement that you may or may not want to try to invalidate. Now, there are certain requirements in not only drafting the premarital agreement but executing it as well. If you have provisions in your premarital agreement that are contrary to public policy, then those provisions can be taken out, and if the premarital agreement is drafted properly, then everything else can still stand. Some of those issues are child custody, child support,...
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How to enforce a Well Agreement Form: What You Should Know
SURCHARGE OF PROPERTY — A PARTY'S COMMERCIAL PURPOSE AND FUEL AFFILIATES—PARTIES TO A SHARED WELL AGREEMENT SURCHARGE OF PROPERTY — A PARTY'S PRIVATE PURPOSE AND FUEL AFFILIATES — PARTIES TO A SHARE WELL AGREEMENT A Shared Well Agreement does not bind you into a separate contract. Rather, it makes provision for the sharing of costs, with the same rules in place as a contract. So if a contract exists, that term will continue to apply. In short, you are the consumer. You own the land your well is on and as long as this is legally acceptable (and in an agreement you signed) then that is the way things will remain. It has been shown that for the average homeowner, most share well agreements are not required because there is little to lose. The water companies have all sorts of incentives to create share agreements as well. They feel that by establishing standards and regulations they can have greater negotiating leverage. The water companies also need to get paid. If you were a farmer that had to share your water and receive the same amount of money you were being paid each month, it would not go down well with the industry. To add a new fee for using certain water sources just to meet the standards imposed by the water company is very reasonable and can work. The best way to avoid any chance of a water supplier suing you at the first sign of a problem is to make sure you are on the same page regarding what the agreement contains and when the dispute will be resolved. If there are any changes to the agreement, such as the addition of certain customers, or changes that do not benefit the consumer, then the agreement will not be valid. Shared Well Agreement (click to enlarge) In many cases shared well agreements are considered a better deal on the surface than a contract. However, many shared well agreements contain legal requirements that make the agreement invalid. In some situations this is just a matter of paperwork as the water company has to keep all the paperwork in order on the agreement form. If not, the following points may require modification which will help protect a consumer in a shared well agreement dispute: 1) Contract — Water is a service, with rights and obligations between parties. Contract can be one party only agreement.
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