回复：请教猫版和各位朋友：前两天有篇文章八卦“小扎”是否签婚前协议的事，其中有这样一句话不明白是什么意思：如果两人曾签订婚前协议

Without seeing the context, I am confused what this sentence means. California premarital law evolved essentially around the Barry Bond case and later was codified in the Family Code 1600-1617. This is not something that can be written by a layperson since the law is so critical on the enforceability of such an agreement. To be enforceable, an agreement must be voluntary, signed by both parties, cannot be unreasonable or unconscionable, and must be violating public policy, among others. Both parties must be given chance to seek advise of independent counsels. There is a 7 day cooling period before signing, after the agreement was first presented to the other party.

Regardless of the enforceability of such an agreement, California is a community property state such as anything acquired by either spouse before marriage is separate property of the acquiring spouse. Regarding the FB situation, since they were married one day after IPO, legally everything earned from the IPO gain would be his separate property and upon divorce the wife cannot get anything from him. This, of course, can be changed by the prenup or a postnup. Since Californi allows confidentiality of a prenup, we can only speculate but may never know the details. Anything he eared after the marriage would be community property and the wife is entitled to half.

Now upon death, the wife may get some of stock gains, depending on whether they have children or how many children they will have, if intestate. This can be changed by a will of course.

所有跟帖： 

• 我不理解的是这句：加州法律规定协议起草和签订之间有7天的“冷静期” -知否知否- ♀ (85 bytes) () 05/24/2012 postreply 10:30:20

• 回复：我不理解的是这句：加州法律规定协议起草和签订之间有7天的“冷静期” -apt- ♂ (651 bytes) () 05/24/2012 postreply 11:57:45