Senate Bill No. 1306

Introduced by Senator Leno

February 21, 2014

An act to amend Sections 300, 301, 302, 420, 500, 720, 721, 750, 751, 752, 754, 761, 1102, 1500, 1620, 1839, 2200, 2201, 2210, 2211, 2322, 2400, 2401, 3120, 3450, 3551, 3580, 3585, 3600, 4323, and 4930 of, to amend the heading of Chapter 2 (commencing with Section 720) of Part 1 of Division 4 of, to amend the heading of Chapter 3 (commencing with Section 1620) of Part 5 of Division 4 of, to repeal Section 308.5 of, and to repeal and add Section 308 of, the Family Code, relating to marriage.

LEGISLATIVE COUNSEL’S DIGEST

SB 1306, as introduced, Leno. Marriage.

An existing provision of the California Constitution, which has been held unenforceable, states that only marriage between a man and a woman is valid or recognized in this state. An existing statutory provision likewise provides that only marriage between a man and a woman is valid or recognized in this state.

This bill would repeal that statutory provision.

Existing statutory law provides that marriage is a personal relationship arising out of a civil contract between a man and a woman. Under existing law, a marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state, except that a marriage between 2 persons of the same sex contracted outside this state is valid in this state only if the marriage was contracted prior to November 5, 2008.

This bill would instead provide that marriage is a personal relation arising out of a civil contract between 2 persons, and would make conforming changes with regard to the consent to, and solemnization of, marriage. The bill would also delete the limitation on the validity of marriages contracted outside this state between 2 persons of the same sex.

Under existing law, a reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case.

The bill would delete references to “husband” or “wife” in the Family Code and would instead refer to a “spouse,” and would make other related changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 300 of the Family Code is amended to
read:

300.  

(a) Marriage is a personal relation arising out of a civil
contract between begin delete a man and a woman end delete begin insert two persons end insert , to which the
consent of the parties capable of making that contract is necessary.
Consent alone does not constitute marriage. Consent must be
followed by the issuance of a license and solemnization as
authorized by this division, except as provided by Section 425 and
Part 4 (commencing with Section 500).

(b) For purposes of this part, the document issued by the county
clerk is a marriage license until it is registered with the county
recorder, at which time the license becomes a marriage certificate.

SEC. 2.  

Section 301 of the Family Code is amended to read:

301.  

begin delete An end delete begin insert Two end insert unmarried begin delete male of the age of end delete begin insert persons end insert 18 years
begin insert of age end insert or older, begin delete and an unmarried female of the age of 18 years or
older, and end delete begin insert who are end insert not otherwise disqualified, are capable of
consenting to and consummating marriage.

SEC. 3.  

Section 302 of the Family Code is amended to read:

302.  

(a) An unmarried begin delete male or female end delete begin insert person end insert under begin delete the age
of 18 years end delete begin insert end insert begin insert 18 years of age end insert is capable of consenting to and
consummating marriage upon obtaining a court order granting
permission to the underage person or persons to marry.

(b) The court order and written consent of the parents of each
underage person, or of one of the parents or the guardian of each
underage person shall be filed with the clerk of the court, and a
certified copy of the order shall be presented to the county clerk
at the time the marriage license is issued.

SEC. 4.  

Section 308 of the Family Code is repealed.

begin delete

308.  

(a) A marriage contracted outside this state that would
be valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state.

(b) Notwithstanding any other provision of law, a marriage
between two persons of the same sex contracted outside this state
that would be valid by the laws of the jurisdiction in which the
marriage was contracted is valid in this state if the marriage was
contracted prior to November 5, 2008.

(c) Notwithstanding any other provision of law, two persons of
the same sex who contracted a marriage on or after November 5,
2008, that would be valid by the laws of the jurisdiction in which
the marriage was contracted shall have the same rights, protections,
and benefits, and shall be subject to the same responsibilities,
obligations, and duties under law, whether they derive from the
California Constitution, the United States Constitution, statutes,
administrative regulations, court rules, government policies,
common law, or any other provisions or sources of law, as are
granted to and imposed upon spouses with the sole exception of
the designation of “marriage.”

end delete

SEC. 5.  

Section 308 is added to the Family Code, to read:

308.  

A marriage contracted outside this state that would be
valid by laws of the jurisdiction in which the marriage was
contracted is valid in this state.

SEC. 6.  

Section 308.5 of the Family Code is repealed.

begin delete

308.5.  

Only marriage between a man and a woman is valid or
recognized in California.

end delete

SEC. 7.  

Section 420 of the Family Code is amended to read:

420.  

(a) No particular form for the ceremony of marriage is
required for solemnization of the marriage, but the parties shall
declare, in the physical presence of the person solemnizing the
marriage and necessary witnesses, that they take each other as
begin delete husband and wife end delete begin insert spouses end insert .

(b) Notwithstanding subdivision (a), a member of the Armed
Forces of the United States who is stationed overseas and serving
in a conflict or a war and is unable to appear for the licensure and
solemnization of the marriage may enter into that marriage by the
appearance of an attorney in fact, commissioned and empowered
in writing for that purpose through a power of attorney. The
attorney in fact must personally appear at the county clerk’s office
with the party who is not stationed overseas, and present the
original power of attorney duly signed by the party stationed
overseas and acknowledged by a notary or witnessed by two
officers of the United States Armed Forces. Copies in any form,
including by facsimile, are not acceptable. The power of attorney
shall state the full given names at birth, or by court order, of the
parties to be married, and that the power of attorney is solely for
the purpose of authorizing the attorney in fact to obtain a marriage
license on the person’s behalf and participate in the solemnization
of the marriage. The original power of attorney shall be a part of
the marriage certificate upon registration.

(c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any
religious sect.

SEC. 8.  

Section 500 of the Family Code is amended to read:

500.  

When begin delete an unmarried man and an unmarried woman end delete begin insert two
unmarried people end insert , not minors, have been living together as begin delete husband
and wife, end delete begin insert spouses, end insert they may be married pursuant to this chapter
by a person authorized to solemnize a marriage under Chapter 1
(commencing with Section 400) of Part 3, without the necessity
of first obtaining health certificates.

SEC. 9.  

The heading of Chapter 2 (commencing with Section
720) of Part 1 of Division 4 of the Family Code is amended to
read:

 

Chapter  2. Relation of begin delete Husband and Wife end delete begin insert Spouses end insert

 

SEC. 10.  

Section 720 of the Family Code is amended to read:

720.  

begin delete Husband and wife end delete begin insert Spouses end insert contract toward each other
obligations of mutual respect, fidelity, and support.

SEC. 11.  

Section 721 of the Family Code is amended to read:

721.  

(a) Subject to subdivision (b), either begin delete husband or wife end delete
begin insert spouse end insert may enter into any transaction with the other, or with any
other person, respecting property, which either might if unmarried.

(b) Except as provided in Sections 143, 144, 146, 16040, and
16047 of the Probate Code, in transactions between themselves,
begin delete a husband and wife end delete begin insert spouses end insert are subject to the general rules
governing fiduciary relationships begin delete which end delete begin insert that end insert control the actions
of persons occupying confidential relations with each other. This
confidential relationship imposes a duty of the highest good faith
and fair dealing on each spouse, and neither shall take any unfair
advantage of the other. This confidential relationship is a fiduciary
relationship subject to the same rights and duties of nonmarital
business partners, as provided in Sections 16403, 16404, and 16503
of the Corporations Code, including, but not limited to, the
following:

(1) Providing each spouse access at all times to any books kept
regarding a transaction for the purposes of inspection and copying.

(2) Rendering upon request, true and full information of all
things affecting any transaction begin delete which end delete begin insert that end insert concerns the community
property. Nothing in this section is intended to impose a duty for
either spouse to keep detailed books and records of community
property transactions.

(3) Accounting to the spouse, and holding as a trustee, any
benefit or profit derived from any transaction by one spouse
without the consent of the other spouse begin delete which end delete begin insert that end insert concerns the
community property.

SEC. 12.  

Section 750 of the Family Code is amended to read:

750.  

begin delete A husband and wife end delete begin insert Spouses end insert may hold property as joint
tenants or tenants in common, or as community property, or as
community property with a right of survivorship.

SEC. 13.  

Section 751 of the Family Code is amended to read:

751.  

The respective interests of begin delete the husband and wife end delete begin insert each
spouse end insert in community property during continuance of the marriage
relation are present, existing, and equal interests.

SEC. 14.  

Section 752 of the Family Code is amended to read:

752.  

Except as otherwise provided by statute, neither begin delete husband
nor wife end delete begin insert spouse end insert has any interest in the separate property of the
other.

SEC. 15.  

Section 754 of the Family Code is amended to read:

754.  

If notice of the pendency of a proceeding for dissolution
of the marriage, for nullity of the marriage, or for legal separation
of the parties is recorded in any county in which begin delete the husband or
wife end delete begin insert either spouse end insert resides on real property that is the separate
property of the other, the real property shall not for a period of
three months thereafter be transferred, encumbered, or otherwise
disposed of voluntarily or involuntarily without the joinder of both
spouses, unless the court otherwise orders.

SEC. 16.  

Section 761 of the Family Code is amended to read:

761.  

(a) Unless the trust instrument or the instrument of
transfer expressly provides otherwise, community property that is
transferred in trust remains community property during the
marriage, regardless of the identity of the trustee, if the trust,
originally or as amended before or after the transfer, provides that
the trust is revocable as to that property during the marriage and
the power, if any, to modify the trust as to the rights and interests
in that property during the marriage may be exercised only with
the joinder or consent of both spouses.

(b) Unless the trust instrument expressly provides otherwise, a
power to revoke as to community property may be exercised by
either spouse acting alone. Community property, including any
income or appreciation, that is distributed or withdrawn from a
trust by revocation, power of withdrawal, or otherwise, remains
community property unless there is a valid transmutation of the
property at the time of distribution or withdrawal.

(c) The trustee may convey and otherwise manage and control
the trust property in accordance with the provisions of the trust
without the joinder or consent of begin delete the husband or wife end delete begin insert either spouse end insert
unless the trust expressly requires the joinder or consent of one or
both spouses.

(d) This section applies to a transfer made before, on, or after
July 1, 1987.

(e) Nothing in this section affects the community character of
property that is transferred before, on, or after July 1, 1987, in any
manner or to a trust other than described in this section.

SEC. 17.  

Section 1102 of the Family Code is amended to read:

1102.  

(a) Except as provided in Sections 761 and 1103, either
spouse has the management and control of the community real
property, whether acquired prior to or on or after January 1, 1975,
but both spouses, either personally or by a duly authorized agent,
must join in executing any instrument by which that community
real property or any interest therein is leased for a longer period
than one year, or is sold, conveyed, or encumbered.

(b) Nothing in this section shall be construed to apply to a lease,
mortgage, conveyance, or transfer of real property or of any interest
in real property between begin delete husband and wife end delete begin insert spouses end insert .

(c) Notwithstanding subdivision (b):

(1) The sole lease, contract, mortgage, or deed of the husband,
holding the record title to community real property, to a lessee,
purchaser, or encumbrancer, in good faith without knowledge of
the marriage relation, shall be presumed to be valid if executed
prior to January 1, 1975.

(2) The sole lease, contract, mortgage, or deed of either spouse,
holding the record title to community real property to a lessee,
purchaser, or encumbrancer, in good faith without knowledge of
the marriage relation, shall be presumed to be valid if executed on
or after January 1, 1975.

(d) No action to avoid any instrument mentioned in this section,
affecting any property standing of record in the name of either
spouse alone, executed by the spouse alone, shall be commenced
after the expiration of one year from the filing for record of that
instrument in the recorder’s office in the county in which the land
is situated.

(e) Nothing in this section precludes either spouse from
encumbering his or her interest in community real property, as
provided in Section 2033, to pay reasonable attorney’s fees in
order to retain or maintain legal counsel in a proceeding for
dissolution of marriage, for nullity of marriage, or for legal
separation of the parties.

SEC. 18.  

Section 1500 of the Family Code is amended to read:

1500.  

The property rights of begin delete husband and wife end delete begin insert end insert begin insert spouses end insert
prescribed by statute may be altered by a premarital agreement or
other marital property agreement.

SEC. 19.  

The heading of Chapter 3 (commencing with Section
1620) of Part 5 of Division 4 of the Family Code is amended to
read:

 

Chapter  3. Agreements Between begin delete Husband and Wife end delete
begin insert Spouses end insert

 

SEC. 20.  

Section 1620 of the Family Code is amended to read:

1620.  

Except as otherwise provided by law, begin delete a husband and
wife end delete begin insert spouses end insert cannot, by a contract with each other, alter their legal
relations, except as to property.

SEC. 21.  

Section 1839 of the Family Code is amended to read:

1839.  

(a) At or after the hearing, the court may make orders
in respect to the conduct of the spouses or parents and the subject
matter of the controversy that the court deems necessary to preserve
the marriage or to implement the reconciliation of the spouses. No
such order shall be effective for more than 30 days from the hearing
of the petition unless the parties mutually consent to a continuation
of the time the order remains effective.

(b) A reconciliation agreement between the parties may be
reduced to writing and, with the consent of the parties, a court
order may be made requiring the parties to comply fully with the
agreement.

(c) During the pendency of a proceeding under this part, the
superior court may order begin delete the husband or wife, or father or mother, end delete
begin insert a spouse or parent, end insert as the case may be, to pay an amount necessary
for the support and maintenance of begin delete the wife or husband end delete begin insert the other
spouse end insert and for the support, maintenance, and education of the
minor children, as the case may be. In determining the amount,
the superior court may take into consideration the recommendations
of a financial referee if one is available to the court. An order made
pursuant to this subdivision shall not prejudice the rights of the
parties or children with respect to any subsequent order begin delete which end delete begin insert that end insert
may be made. An order made pursuant to this subdivision may be
modified or terminated at any time except as to an amount that
accrued before the date of filing of the notice of motion or order
to show cause to modify or terminate.

SEC. 22.  

Section 2200 of the Family Code is amended to read:

2200.  

Marriages between parents and children, ancestors and
descendants of every degree, and between begin delete brothers and sisters end delete
begin insert siblings end insert of the half as well as the whole blood, and between uncles
begin insert or aunts end insert and nieces or begin delete aunts and end delete nephews, are incestuous, and void
from the beginning, whether the relationship is legitimate or
illegitimate.

SEC. 23.  

Section 2201 of the Family Code is amended to read:

2201.  

(a) A subsequent marriage contracted by a person during
the life of begin delete a end delete begin insert his or her end insert former begin delete husband or wife of the person, end delete
begin insert spouse, end insert with a person other than the former begin delete husband or wife, end delete
begin insert spouse, end insert is illegal and void begin delete from the beginning end delete , unless:

(1) The former marriage has been dissolved or adjudged a nullity
before the date of the subsequent marriage.

(2) The former begin delete husband or wife (i) end delete begin insert spouse (A) end insert is absent, and not
known to the person to be living for the period of five successive
years immediately preceding the subsequent marriage, or begin delete (ii) end delete begin insert (B) end insert
is generally reputed or believed by the person to be dead at the
time the subsequent marriage was contracted.

(b) In either of the cases described in paragraph (2) of
subdivision (a), the subsequent marriage is valid until its nullity
is adjudged pursuant to subdivision (b) of Section 2210.

SEC. 24.  

Section 2210 of the Family Code is amended to read:

2210.  

A marriage is voidable and may be adjudged a nullity if
any of the following conditions existed at the time of the marriage:

(a) The party who commences the proceeding or on whose
behalf the proceeding is commenced was without the capability
of consenting to the marriage as provided in Section 301 or 302,
unless, after attaining the age of consent, the party for any time
freely cohabited with the other as begin delete husband and wife end delete begin insert his or her
spouse end insert .

(b) The begin delete husband or wife end delete begin insert spouse end insert of either party was living and
the marriage with that begin delete husband or wife end delete begin insert spouse end insert was then in force
and that begin delete husband or wife end delete begin insert spouse end insert (1) was absent and not known to
the party commencing the proceeding to be living for a period of
five successive years immediately preceding the subsequent
marriage for which the judgment of nullity is sought or (2) was
generally reputed or believed by the party commencing the
proceeding to be dead at the time the subsequent marriage was
contracted.

(c) Either party was of unsound mind, unless the party of
unsound mind, after coming to reason, freely cohabited with the
other as begin delete husband and wife end delete begin insert his or her spouse end insert .

(d) The consent of either party was obtained by fraud, unless
the party whose consent was obtained by fraud afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited
with the other as begin delete husband or wife end delete begin insert his or her spouse end insert .

(e) The consent of either party was obtained by force, unless
the party whose consent was obtained by force afterwards freely
cohabited with the other as begin delete husband or wife end delete begin insert his or her spouse end insert .

(f) Either party was, at the time of marriage, physically incapable
of entering into the marriage state, and that incapacity continues,
and appears to be incurable.

SEC. 25.  

Section 2211 of the Family Code is amended to read:

2211.  

A proceeding to obtain a judgment of nullity of marriage,
for causes set forth in Section 2210, must be commenced within
the periods and by the parties, as follows:

(a) For causes mentioned in subdivision (a) of Section 2210, by
any of the following:

(1) The party to the marriage who was married under the age
of legal consent, within four years after arriving at the age of
consent.

(2) A parent, guardian, conservator, or other person having
charge of the begin delete underaged male or female end delete begin insert minor end insert , at any time before
the married minor has arrived at the age of legal consent.

(b) For causes mentioned in subdivision (b) of Section 2210,
by either of the following:

(1) Either party during the life of the other.

(2) The former begin delete husband or wife end delete begin insert spouse end insert .

(c) For causes mentioned in subdivision (c) of Section 2210, by
the party injured, or by a relative or conservator of the party of
unsound mind, at any time before the death of either party.

(d) For causes mentioned in subdivision (d) of Section 2210,
by the party whose consent was obtained by fraud, within four
years after the discovery of the facts constituting the fraud.

(e) For causes mentioned in subdivision (e) of Section 2210, by
the party whose consent was obtained by force, within four years
after the marriage.

(f) For causes mentioned in subdivision (f) of Section 2210, by
the injured party, within four years after the marriage.

SEC. 26.  

Section 2322 of the Family Code is amended to read:

2322.  

For the purpose of a proceeding for dissolution of
marriage, begin delete the husband and wife end delete each begin insert spouse end insert may have a separate
domicile or residence depending upon proof of the fact and not
upon legal presumptions.

SEC. 27.  

Section 2400 of the Family Code is amended to read:

2400.  

(a) A marriage may be dissolved by the summary
dissolution procedure provided in this chapter if all of the following
conditions exist at the time the proceeding is commenced:

(1) Either party has met the jurisdictional requirements of
Chapter 3 (commencing with Section 2320) with regard to
dissolution of marriage.

(2) Irreconcilable differences have caused the irremediable
breakdown of the marriage and the marriage should be dissolved.

(3) There are no children of the relationship of the parties born
before or during the marriage or adopted by the parties during the
marriage, and begin delete the wife, end delete begin insert neither party, end insert to begin delete her end delete begin insert that party’s end insert knowledge,
is begin delete not end delete pregnant.

(4) The marriage is not more than five years in duration as of
the date of separation of the parties.

(5) Neither party has any interest in real property wherever
situated, with the exception of the lease of a residence occupied
by either party which satisfies the following requirements:

(A) The lease does not include an option to purchase.

(B) The lease terminates within one year from the date of the
filing of the petition.

(6) There are no unpaid obligations in excess of four thousand
dollars ($4,000) incurred by either or both of the parties after the
date of their marriage, excluding the amount of any unpaid
obligation with respect to an automobile.

(7) The total fair market value of community property assets,
excluding all encumbrances and automobiles, including any
deferred compensation or retirement plan, is less than twenty-five
thousand dollars ($25,000), and neither party has separate property
assets, excluding all encumbrances and automobiles, in excess of
twenty-five thousand dollars ($25,000).

(8) The parties have executed an agreement setting forth the
division of assets and the assumption of liabilities of the
community, and have executed any documents, title certificates,
bills of sale, or other evidence of transfer necessary to effectuate
the agreement.

(9) The parties waive any rights to spousal support.

(10) The parties, upon entry of the judgment of dissolution of
marriage pursuant to Section 2403, irrevocably waive their
respective rights to appeal and their rights to move for a new trial.

(11) The parties have read and understand the summary
dissolution brochure provided for in Section 2406.

(12) The parties desire that the court dissolve the marriage.

(b) On January 1, 1985, and on January 1 of each odd-numbered
year thereafter, the amounts in paragraph (6) of subdivision (a)
shall be adjusted to reflect any change in the value of the dollar.
On January 1, 1993, and on January 1 of each odd-numbered year
thereafter, the amounts in paragraph (7) of subdivision (a) shall
be adjusted to reflect any change in the value of the dollar. The
adjustments shall be made by multiplying the base amounts by the
percentage change in the California Consumer Price Index as
compiled by the Department of Industrial Relations, with the result
rounded to the nearest thousand dollars. The Judicial Council shall
compute and publish the amounts.

SEC. 28.  

Section 2401 of the Family Code is amended to read:

2401.  

(a) A proceeding for summary dissolution of the
marriage shall be commenced by filing a joint petition in the form
prescribed by the Judicial Council.

(b) The petition shall be signed under oath by both begin delete the husband
and the wife, end delete begin insert spouses, end insert and shall include all of the following:

(1) A statement that as of the date of the filing of the joint
petition all of the conditions set forth in Section 2400 have been
met.

(2) The mailing address of begin delete both the husband and the wife end delete begin insert each
spouse end insert .

(3) A statement whether begin delete or not the wife end delete begin insert a spouse end insert elects to have
begin delete her maiden or end delete begin insert his or her end insert former name restored, and, if so, the name
to be restored.

SEC. 29.  

Section 3120 of the Family Code is amended to read:

3120.  

Without filing a petition for dissolution of marriage or
legal separation of the parties, begin delete the husband or wife end delete begin insert a spouse end insert may
bring an action for the exclusive custody of the children of the
marriage. The court may, during the pendency of the action, or at
the final hearing thereof, or afterwards, make such order regarding
the support, care, custody, education, and control of the children
of the marriage as may be just and in accordance with the natural
rights of the parents and the best interest of the children. The order
may be modified or terminated at any time thereafter as the natural
rights of the parties and the best interest of the children may
require.

SEC. 30.  

Section 3450 of the Family Code is amended to read:

3450.  

(a) Unless the court issues a temporary emergency order
pursuant to Section 3424, upon a finding that a petitioner is entitled
to immediate physical custody of the child, the court shall order
that the petitioner may take immediate physical custody of the
child unless the respondent establishes either of the following:

(1) That the child custody determination has not been registered
and confirmed under Section 3445 and one of the following is true:

(A) The issuing court did not have jurisdiction under Chapter
2 (commencing with Section 3421).

(B) The child custody determination for which enforcement is
sought has been vacated, stayed, or modified by a court of a state
having jurisdiction to do so under Chapter 2 (commencing with
Section 3421).

(C) The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 3408, in the
proceedings before the court that issued the order for which
enforcement is sought.

(2) That the child custody determination for which enforcement
is sought was registered and confirmed under Section 3445 but
has been vacated, stayed, or modified by a court of a state having
jurisdiction to do so under Chapter 2 (commencing with Section
3421).

(b) The court shall award the fees, costs, and expenses
authorized under Section 3452 and may grant additional relief,
including a request for the assistance of law enforcement officials,
and set a further hearing to determine whether additional relief is
appropriate.

(c) If a party called to testify refuses to answer on the ground
that the testimony may be self-incriminating, the court may draw
an adverse inference from the refusal.

(d) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
begin delete husband and wife end delete begin insert spouses end insert or parent and child may not be invoked
in a proceeding under this chapter.

SEC. 31.  

Section 3551 of the Family Code is amended to read:

3551.  

Laws attaching a privilege against the disclosure of
communications between begin delete husband and wife end delete begin insert spouses end insert are
inapplicable under this division. begin delete Husband and wife end delete begin insert Spouses end insert are
competent witnesses to testify to any relevant matter, including
marriage and parentage.

SEC. 32.  

Section 3580 of the Family Code is amended to read:

3580.  

Subject to this chapter and to Section 3651, begin delete a husband
and wife end delete begin insert spouses end insert may agree, in writing, to an immediate separation,
and may provide in the agreement for the support of either of them
and of their children during the separation or upon the dissolution
of their marriage. The mutual consent of the parties is sufficient
consideration for the agreement.

SEC. 33.  

Section 3585 of the Family Code is amended to read:

3585.  

The provisions of an agreement between the parents for
child support shall be deemed to be separate and severable from
all other provisions of the agreement relating to property and
support of begin delete the wife or husband end delete begin insert either spouse end insert . An order for child
support based on the agreement shall be law-imposed and shall be
made under the power of the court to order child support.

SEC. 34.  

Section 3600 of the Family Code is amended to read:

3600.  

During the pendency of any proceeding for dissolution
of marriage or for legal separation of the parties or under Division
8 (commencing with Section 3000) (custody of children) or in any
proceeding where there is at issue the support of a minor child or
a child for whom support is authorized under Section 3901 or 3910,
the court may order (a) begin delete the husband or wife end delete begin insert either spouse end insert to pay
any amount that is necessary for the support of the begin delete wife or husband end delete
begin insert other spouse end insert , consistent with the requirements of subdivisions (i)
and (m) of Section 4320 and Section 4325, or (b) either or both
parents to pay any amount necessary for the support of the child,
as the case may be.

SEC. 35.  

Section 4323 of the Family Code is amended to read:

4323.  

(a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with begin delete a end delete begin insert another end insert person begin delete of the opposite sex end delete . Upon a
determination that circumstances have changed, the court may
modify or terminate the spousal support as provided for in Chapter
6 (commencing with Section 3650) of Part 1.

(2) Holding oneself out to be the begin delete husband or wife end delete begin insert spouse end insert of the
person with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this subdivision.

(b) The income of a supporting spouse’s subsequent spouse or
nonmarital partner shall not be considered when determining or
modifying spousal support.

(c) Nothing in this section precludes later modification or
termination of spousal support on proof of change of circumstances.

SEC. 36.  

Section 4930 of the Family Code, as added by Section
2 of Chapter 194 of the Statutes of 1997, is amended to read:

4930.  

(a) The physical presence of the petitioner in a
responding tribunal of this state is not required for the
establishment, enforcement, or modification of a support order or
the rendition of a judgment determining parentage.

(b) A verified petition, affidavit, document substantially
complying with federally mandated forms, and a document
incorporated by reference in any of them, not excluded under the
hearsay rule if given in person, is admissible in evidence if given
under oath by a party or witness residing in another state.

(c) A copy of the record of child support payments certified as
a true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were
made.

(d) Copies of bills for testing for parentage, and for prenatal
and postnatal health care of the mother and child, furnished to the
adverse party at least 10 days before trial, are admissible in
evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from another state to a
tribunal of this state by telephone, telecopier, or other means that
do not provide an original writing may not be excluded from
evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state
may permit a party or witness residing in another state to be
deposed or to testify by telephone, audiovisual means, or other
electronic means at a designated tribunal or other location in that
state. A tribunal of this state shall cooperate with tribunals of other
states in designating an appropriate location for the deposition or
testimony.

(g) If a party called to testify at a civil hearing refuses to answer
on the ground that the testimony may be self-incriminating, the
trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of begin delete husband
and wife end delete begin insert spouses end insert or parent and child does not apply in a proceeding
under this chapter.

SEC. 37.  

Section 4930 of the Family Code, as amended by
Section 24 of Chapter 349 of the Statutes of 2002, is amended to
read:

4930.  

(a) The physical presence of a nonresident party who is
an individual in a tribunal of this state is not required for the
establishment, enforcement, or modification of a support order or
the rendition of a judgment determining parentage.

(b) An affidavit, a document substantially complying with
federally mandated forms, or a document incorporated by reference
in any of them, that would not be excluded under the hearsay rule
if given in person, is admissible in evidence if given under penalty
of perjury by a party or witness residing in another state.

(c) A copy of the record of child support payments certified as
a true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were
made.

(d) Copies of bills for testing for parentage, and for prenatal
and postnatal health care of the mother and child, furnished to the
adverse party at least 10 days before trial, are admissible in
evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from another state to a
tribunal of this state by telephone, telecopier, or other means that
do not provide an original record may not be excluded from
evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state
shall permit a party or witness residing in another state to be
deposed or to testify by telephone, audiovisual means, or other
electronic means at a designated tribunal or other location in that
state. A tribunal of this state shall cooperate with tribunals of other
states in designating an appropriate location for the deposition or
testimony.

(g) If a party called to testify at a civil hearing refuses to answer
on the ground that the testimony may be self-incriminating, the
trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of begin delete husband
and wife end delete begin insert spouses end insert or parent and child does not apply in a proceeding
under this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true
copy, is begin delete admissable end delete begin insert admissible end insert to establish parentage of the child.