Legal Question in Family Law in California

''Marriage'' Without Government?

My father (who does not have internet access) wants to know whether the courts would view him as married (and subject to divorce law) if he has a wedding with his fiance, officated by a pastor, in front of witnesses who hear him and his fiance say their vows but has a pastor who agrees not to send any information to the Government.

He is hoping this can work as an alternative to paying for a prenuptial agreement. He fears (but hopes otherwise) that in court, even without filing the marriage liscence, he could potentially be sued for divorce by his fiance. Are his fears correct? Can his fiance send the paperwork in to the Government behind my dad's back?


Asked on 5/21/02, 8:08 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: ''Marriage'' Without Government?

If your father is concerned about a prenuptial agreement, I assume he has assets he wishes to protect. If that is the case, why try to be cute? Spend a few thousand dollars or so on a good prenup!

To answer your question, if both parties know that the marriage is a sham, he could defeat spousal support obligations in the future. On the other hand, I can assure you that his wife, in the divorce, will claim that she thought it was a valid marriage. In that case, she would be a putative spouse and could receive spousal support, division of property, etc.

My advice is to do a prenup (waiving spousal support will be very tricky), make sure she has her own attorney OR don't get married.

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Answered on 5/21/02, 8:33 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: ''Marriage'' Without Government?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD (California's unemployment agency) hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If your father has assets to protect, a pre nup is the only way to go. The key to a CA marriage is the license, and both people are necessary to get it. No license, no marriage, probably. However, the putative wife could still bring a Marvin action or a paternity action. Tell your dad to spend a few bucks and consult with an experienced family law attorney now, rather than a lot of bucks later to untangle a mess.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/21/02, 10:32 pm


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