- 加州是无对错婚姻法吗？
是的。
相關法令如下
2310. Dissolution of the marriage or legal separation of the
parties may be based on either of the following grounds, which shall
be pleaded generally:
(a) Irreconcilable differences, which have caused the irremediable
breakdown of the marriage.
(b) Incurable insanity.
2311. Irreconcilable differences are those grounds which are
determined by the court to be substantial reasons for not continuing
the marriage and which make it appear that the marriage should be
dissolved.
2312. A marriage may be dissolved on the grounds of incurable
insanity only upon proof, including competent medical or psychiatric
testimony, that the insane spouse was at the time the petition was
filed, and remains, incurably insane.
2313. No dissolution of marriage granted on the ground of incurable
insanity relieves a spouse from any obligation imposed by law as a
result of the marriage for the support of the spouse who is incurably
insane, and the court may make such order for support, or require a
bond therefor, as the circumstances require.
- 如果签婚后协议，是否同婚前协议一同有效？如果一同有效，是否只是财产协议，而不能包括小孩监护权，即即使有协议，小孩任由法院判决？
(a)
根據加州family code 1613 & 1614,婚前协议的有效期一直延續到婚姻結束之前，除非婚後雙方有簽署另外的文件聲明這份婚前協議無效，
原文如下
1613. A premarital agreement becomes effective upon marriage.
1614. After marriage, a premarital agreement may be amended or
revoked only by a written agreement signed by the parties. The
amended agreement or the revocation is enforceable without
consideration.
b)有關婚前的協議基本上依法您可以包括婚後財產的分配與萬一婚姻破裂時雙方如何分配共同財產，相關法令如下
1612. (a) Parties to a premarital agreement may contract with
respect to all of the following:
(1) The rights and obligations of each of the parties in 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 making of a will, trust, or other arrangement to carry out
the provisions of the agreement.
(5) The ownership rights in and disposition of the death benefit
from a life insurance policy.
(6) The choice of law governing the construction of the agreement.
(7) Any other matter, including their personal rights and
obligations, not in violation of public policy or a statute imposing
a criminal penalty.
(b) The right of a child to support may not be adversely affected
by a premarital agreement.
(c) Any provision in a premarital agreement regarding spousal
support, including, but not limited to, a waiver of it, is not
enforceable if the party against whom enforcement of the spousal
support provision is sought was not represented by independent
counsel at the time the agreement containing the provision was
signed, or if the provision regarding spousal support is
unconscionable at the time of enforcement. An otherwise
unenforceable provision in a premarital agreement regarding spousal
support may not become enforceable solely because the party against
whom enforcement is sought was represented by independent counsel.
(c)至於婚後的協議，基於FAMILY.CODE SECTION 1620 的基本原則，雙方可以對於財產的規劃與使用做出規定
相關法令如下
1620. Except as otherwise provided by law, a hu*****and and wife
cannot, by a contract with each other, alter their legal relations,
except as to property.
至於監護權的問題，可以由雙方協商自行決定後經法官核准之後執行，也可以由法官基於孩子的最佳權益來決定
相關法令如下
FAMILY.CODE
SECTION 3080-3089
3080. There is a presumption, affecting the burden of proof, that
joint custody is in the best interest of a minor child, subject to
Section 3011, where the parents have agreed to joint custody or so
agree in open court at a hearing for the purpose of determining the
custody of the minor child.
3081. On application of either parent, joint custody may be ordered
in the discretion of the court in cases other than those described
in Section 3080, subject to Section 3011. For the purpose of
assisting the court in making a determination whether joint custody
is appropriate under this section, the court may direct that an
investigation be conducted pursuant to Chapter 6 (commencing with
Section 3110).
3082. When a request for joint custody is granted or denied, the
court, upon the request of any party, shall state in its decision the
reasons for granting or denying the request. A statement that joint
physical custody is, or is not, in the best interest of the child is
not sufficient to satisfy the requirements of this section.
3083. In making an order of joint legal custody, the court shall
specify the circumstances under which the consent of both parents is
required to be obtained in order to exercise legal control of the
child and the consequences of the failure to obtain mutual consent.
In all other circumstances, either parent acting alone may exercise
legal control of the child. An order of joint legal custody shall
not be construed to permit an action that is inconsistent with the
physical custody order unless the action is expressly authorized by
the court.
3084. In making an order of joint physical custody, the court shall
specify the rights of each parent to physical control of the child
in sufficient detail to enable a parent deprived of that control to
implement laws for relief of child snatching and kidnapping.
3085. In making an order for custody with respect to both parents,
the court may grant joint legal custody without granting joint
physical custody.
3086. In making an order of joint physical custody or joint legal
custody, the court may specify one parent as the primary caretaker of
the child and one home as the primary home of the child, for the
purposes of determining eligibility for public assistance.
3087. An order for joint custody may be modified or terminated upon
the petition of one or both parents or on the court's own motion if
it is shown that the best interest of the child requires modification
or termination of the order. If either parent opposes the
modification or termination order, the court shall state in its
decision the reasons for modification or termination of the joint
custody order.
3088. An order for the custody of a minor child entered by a court
in this state or any other state may, subject to the jurisdictional
requirements in Sections 3403 and 3414, be modified at any time to an
order for joint custody in accordance with this chapter.
3089. In counties having a conciliation court, the court or the
parties may, at any time, pursuant to local rules of court, consult
with the conciliation court for the purpose of assisting the parties
to formulate a plan for implementation of the custody order or to
resolve a controversy which has arisen in the implementation of a
plan for custody.
是的。
相關法令如下
2310. Dissolution of the marriage or legal separation of the
parties may be based on either of the following grounds, which shall
be pleaded generally:
(a) Irreconcilable differences, which have caused the irremediable
breakdown of the marriage.
(b) Incurable insanity.
2311. Irreconcilable differences are those grounds which are
determined by the court to be substantial reasons for not continuing
the marriage and which make it appear that the marriage should be
dissolved.
2312. A marriage may be dissolved on the grounds of incurable
insanity only upon proof, including competent medical or psychiatric
testimony, that the insane spouse was at the time the petition was
filed, and remains, incurably insane.
2313. No dissolution of marriage granted on the ground of incurable
insanity relieves a spouse from any obligation imposed by law as a
result of the marriage for the support of the spouse who is incurably
insane, and the court may make such order for support, or require a
bond therefor, as the circumstances require.
- 如果签婚后协议，是否同婚前协议一同有效？如果一同有效，是否只是财产协议，而不能包括小孩监护权，即即使有协议，小孩任由法院判决？
(a)
根據加州family code 1613 & 1614,婚前协议的有效期一直延續到婚姻結束之前，除非婚後雙方有簽署另外的文件聲明這份婚前協議無效，
原文如下
1613. A premarital agreement becomes effective upon marriage.
1614. After marriage, a premarital agreement may be amended or
revoked only by a written agreement signed by the parties. The
amended agreement or the revocation is enforceable without
consideration.
b)有關婚前的協議基本上依法您可以包括婚後財產的分配與萬一婚姻破裂時雙方如何分配共同財產，相關法令如下
1612. (a) Parties to a premarital agreement may contract with
respect to all of the following:
(1) The rights and obligations of each of the parties in 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 making of a will, trust, or other arrangement to carry out
the provisions of the agreement.
(5) The ownership rights in and disposition of the death benefit
from a life insurance policy.
(6) The choice of law governing the construction of the agreement.
(7) Any other matter, including their personal rights and
obligations, not in violation of public policy or a statute imposing
a criminal penalty.
(b) The right of a child to support may not be adversely affected
by a premarital agreement.
(c) Any provision in a premarital agreement regarding spousal
support, including, but not limited to, a waiver of it, is not
enforceable if the party against whom enforcement of the spousal
support provision is sought was not represented by independent
counsel at the time the agreement containing the provision was
signed, or if the provision regarding spousal support is
unconscionable at the time of enforcement. An otherwise
unenforceable provision in a premarital agreement regarding spousal
support may not become enforceable solely because the party against
whom enforcement is sought was represented by independent counsel.
(c)至於婚後的協議，基於FAMILY.CODE SECTION 1620 的基本原則，雙方可以對於財產的規劃與使用做出規定
相關法令如下
1620. Except as otherwise provided by law, a hu*****and and wife
cannot, by a contract with each other, alter their legal relations,
except as to property.
至於監護權的問題，可以由雙方協商自行決定後經法官核准之後執行，也可以由法官基於孩子的最佳權益來決定
相關法令如下
FAMILY.CODE
SECTION 3080-3089
3080. There is a presumption, affecting the burden of proof, that
joint custody is in the best interest of a minor child, subject to
Section 3011, where the parents have agreed to joint custody or so
agree in open court at a hearing for the purpose of determining the
custody of the minor child.
3081. On application of either parent, joint custody may be ordered
in the discretion of the court in cases other than those described
in Section 3080, subject to Section 3011. For the purpose of
assisting the court in making a determination whether joint custody
is appropriate under this section, the court may direct that an
investigation be conducted pursuant to Chapter 6 (commencing with
Section 3110).
3082. When a request for joint custody is granted or denied, the
court, upon the request of any party, shall state in its decision the
reasons for granting or denying the request. A statement that joint
physical custody is, or is not, in the best interest of the child is
not sufficient to satisfy the requirements of this section.
3083. In making an order of joint legal custody, the court shall
specify the circumstances under which the consent of both parents is
required to be obtained in order to exercise legal control of the
child and the consequences of the failure to obtain mutual consent.
In all other circumstances, either parent acting alone may exercise
legal control of the child. An order of joint legal custody shall
not be construed to permit an action that is inconsistent with the
physical custody order unless the action is expressly authorized by
the court.
3084. In making an order of joint physical custody, the court shall
specify the rights of each parent to physical control of the child
in sufficient detail to enable a parent deprived of that control to
implement laws for relief of child snatching and kidnapping.
3085. In making an order for custody with respect to both parents,
the court may grant joint legal custody without granting joint
physical custody.
3086. In making an order of joint physical custody or joint legal
custody, the court may specify one parent as the primary caretaker of
the child and one home as the primary home of the child, for the
purposes of determining eligibility for public assistance.
3087. An order for joint custody may be modified or terminated upon
the petition of one or both parents or on the court's own motion if
it is shown that the best interest of the child requires modification
or termination of the order. If either parent opposes the
modification or termination order, the court shall state in its
decision the reasons for modification or termination of the joint
custody order.
3088. An order for the custody of a minor child entered by a court
in this state or any other state may, subject to the jurisdictional
requirements in Sections 3403 and 3414, be modified at any time to an
order for joint custody in accordance with this chapter.
3089. In counties having a conciliation court, the court or the
parties may, at any time, pursuant to local rules of court, consult
with the conciliation court for the purpose of assisting the parties
to formulate a plan for implementation of the custody order or to
resolve a controversy which has arisen in the implementation of a
plan for custody.
