A postnuptial agreement, sometimes referred to as a “postmarital agreement” or simply a “postnup,” is a legal contract entered into by a married couple after they have already married or entered into a domestic partnership. Like a prenuptial agreement, a postnuptial agreement outlines the rights and responsibilities of each spouse in the event of a divorce, separation, or death.
In California, postnuptial agreements are governed by the same legal principles as prenuptial agreements. Here are some key points regarding postnuptial agreements in California:
- Voluntary Agreement: Similar to prenuptial agreements, both parties must enter into a postnuptial agreement voluntarily and without coercion. Both spouses should have the opportunity to seek independent legal advice before signing.
- Full Financial Disclosure: Complete and accurate financial disclosure is crucial when creating a postnuptial agreement. Failing to disclose all assets and debts could impact the enforceability of the agreement.
- Fair and Unconscionable Terms: The terms of the postnuptial agreement should be fair and not unconscionable. If the agreement is heavily one-sided or deemed grossly unfair, a court may choose not to enforce certain provisions.
- Not Addressing Child Custody/Support: Similar to prenuptial agreements, postnuptial agreements cannot address issues related to child custody or child support. These matters are typically determined by the court based on the best interests of the child at the time of divorce or separation.
- Review by Attorneys: It’s advisable for each spouse to have their own legal representation when negotiating and drafting a postnuptial agreement. This helps ensure that both parties fully understand the terms, implications, and fairness of the agreement.
Postnuptial agreements can cover a range of issues, including the division of property, spousal support, and other financial matters. They are often used when couples want to clarify or modify their financial arrangements during the course of their marriage.
As laws may change, it’s essential to consult with a family law attorney in California to get up-to-date and accurate information regarding postnuptial agreements in the state.
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