On Tuesday, in Los Angeles County Superior Court, music star Britney Spears filed for divorce from husband Kevin Federline. The singer-dancer cited irreconcilable differences as the cause for the split. Spears is asking for legal and physical custody of their two children. She is also requesting visitation rights for Federline. In her divorce filing, Spears states that there is no community property to divide between the couple. This means that Spears and Federline signed a prenuptial agreement before their 2004 marriage.
On Wednesday, Federline countered by filing his own papers. He is seeking sole custody of their two children as well as spousal support.
The Uniform Premarital Agreement Act defines a prenuptial agreement as an “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” In the state of California, having a premarital agreement can override the fact that California is a community property state. This means that when a couple divorces, rather than being required by law to divide the net value of their community property by 50%, a couple can honor the terms that they established in their premarital agreement.
According to the Uniform Premarital Agreement Act, a prenuptial agreement can include:
(1) The rights and obligations of each of the parties regarding any of the property of either or both of them whenever and wherever acquired or located.
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
(4) The modification or elimination of spousal support.
(5) The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
(6) The ownership rights in and disposition of the death benefit from a life insurance policy.
(7) The choice of law governing the construction of the agreement.
(8) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
If you live in Santa Clara County, Monterey County, or Alameda County, and you would like to speak to an attorney regarding setting up a prenuptial agreement or you would like to file for divorce or legal separation, contact Sagaria Law, P.C. for a free consultation. We have offices in Fremont, Monterey, and San Jose.
Britney Spears Divorcing Kevin Federline, MSNBC.com, November 8, 2006
Kevin Federline Seeks Spousal Support, Child Custody From Britney Spears, Foxnews.com, November 9, 2006
Uniform Premarital Agreement Act
Related Web Resources:
Divorce, Legal Separation, and Annulment, California Self-Help Center