GAY MARRIAGE CASE IS EVEN WORSE THAN I THOUGHT

The First District has held that a contract of marriage does not modify a pre registration agreement. This could mean that NO contract can modify either a pre registration agreement or a prenuptial agreement, even if it meets the criteria set out in the prenuptial agreement.

It now becomes perfectly logical to argue that NO contract can change a prenuptial contract because a contract of marriage does not modify a pre registration agreement; and, because California law is supposed to be the same for pre registration agreements and prenuptial agreements.

Of course, the decision by the appellate court is based on what I consider to be prejudice against gays. My opinion of the appellate decision will not stop the decision from possibly affecting everything from wills to the purchase of property with a deed stating "community property". All of what we believed was true about prenuptial agreements may now be completely changed. At the very least, family and probate attorneys will become richer as all this is litigated.

It is possible, but not probable, that the California Supreme Court will grant review of the decision by the First District. You can keep posted by the appellate case number A133952, which you can use to follow the Supreme Court review process.