California Statute Postnuptial Agreement

06 Apr California Statute Postnuptial Agreement

For couples who are married or planning to get married in California, a postnuptial agreement is a legal document that can help protect their assets and establish guidelines for property division in the event of a divorce. A postnuptial agreement, also known as a marital agreement, is similar to a prenuptial agreement but is signed after the wedding has taken place.

Under California law, a postnuptial agreement is governed by the Uniform Premarital and Marital Agreements Act. This law establishes guidelines for what can and cannot be included in a postnuptial agreement, such as provisions related to spousal support, property division, and the division of debts. In order for a postnuptial agreement to be valid and enforceable in California, it must meet certain legal requirements.

Firstly, the postnuptial agreement must be in writing and signed by both spouses. Secondly, both spouses must have the opportunity to review the agreement with their own attorney before signing. Thirdly, the postnuptial agreement must be entered into voluntarily by both parties, without coercion or duress. Lastly, the agreement must not be unconscionable, meaning that it must be fair and reasonable to both parties.

It is important to note that a postnuptial agreement cannot be used to determine child custody or child support arrangements. These issues are determined by the court based on the best interests of the child.

Having a postnuptial agreement in place can provide peace of mind for both spouses, as it establishes clear guidelines for property division and can help prevent disagreements and disputes in the event of a divorce. It can also be a useful tool for individuals who have substantial assets or who are entering into a second marriage.

If you are considering a postnuptial agreement, it is important to consult with an experienced family law attorney to ensure that the agreement meets all legal requirements and provides adequate protection for your assets. With the right legal guidance, a postnuptial agreement can be a valuable tool for both spouses to protect their financial interests and ensure a smoother divorce process, if necessary.