Postnuptial agreements are legal contracts made by couples after their wedding and while still married. In California, these agreements follow the same guidelines as prenuptial agreements and are created to define the couple`s assets and debts in case they ever get divorced.
Postnuptial agreements are increasingly popular among couples who did not sign a prenuptial agreement or those who want to update their existing prenuptial agreement. California laws govern the terms and conditions of postnuptial agreements, which must be in writing and signed by both parties.
In California, postnuptial agreements can cover several areas, including property division, alimony, and child custody. However, these agreements cannot determine child support or any decision affecting the welfare of a child. The court has the final say in such matters.
Postnuptial agreements are particularly beneficial for couples who have amassed substantial wealth or businesses during their marriage, or those who have children from a previous relationship. These agreements can address heirs, inheritance, and support and ensure that their financial interests are protected, in case of a divorce.
It`s essential to note that postnuptial agreements must be fair and reasonable for both parties and cannot be enforced if found to be unfairly one-sided. A California court will examine the agreement`s terms and any circumstances that may have led to the agreement`s creation.
When negotiating a postnuptial agreement, it`s advisable to seek the services of a family law attorney who is experienced in postnuptial agreements. The attorney can review the agreement with both parties, ensure that each spouse understands the terms of the agreement, and make sure that it complies with California law.
Finally, it`s vital to keep in mind that postnuptial agreements are not an alternative to communication and mutual trust in a marriage. However, they can provide couples with peace of mind, knowing that their financial interests are safeguarded in the event of a divorce.
In summary, postnuptial agreements are becoming more prevalent among couples in California. They provide a way for couples to define their assets and debts while married, making divorce proceedings easier in the event of a split. Couples who are considering a postnuptial agreement should seek the assistance of an experienced family law attorney to ensure a fair and reasonable agreement is reached.
