A California postnuptial agreement is similar to a prenup in that it defines each party’s separate and community property interest in the event of a divorce or legal separation. While a prenuptial agreement is the preferred choice in establishing such legal rights, it is common for couples to obtain a postnuptial agreement. Some couples may seek a postnuptial agreement if there has been a breach of trust, substance abuse issues, a significant increase in a spouse’s financial position, or a large inheritance by a spouse. At San Diego Esquire, we can help you develop a postnuptial agreement that meets your needs.
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We highly encourage you to work with an experienced California postnuptial agreement attorney instead of relying on a do-it-yourself approach. We provide flat fee postnuptial agreement review and drafting services to California residents. Our affordable services start at $595. Sign up to get started.
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California Postnuptial Agreement Overview
As mentioned above, a postnuptial agreement is similar to a prenuptial agreement. A prenuptial agreement is executed before parties get married. Like a prenup, the postnuptial agreement will address how a married couple’s income and assets are to be divided in the event of a divorce or legal separation.
Postnuptial Agreement Requirements
A California postnuptial agreement must meet the following criteria to be legally-binding;
- The postnuptial agreement must be in writing;
- Both spouses must voluntarily sign the agreement;
- The agreement must be notarized;
- The postnuptial agreement must be fair; and
- Each spouse must fully disclose their financial information (ex – income, assets, debts, and property).
What a Postnuptial Agreement Can’t Do
A postnuptial agreement cannot waive or limit child support or determine child custody. Courts often scrutinize post-prenup agreements that limit spousal support.
Key Benefits of Postnuptial Agreement
Couples often obtain postnuptial agreements to aid in the process of reconciliation after a period of marital conflict. A postnuptial agreement can be drafted to address financial concerns while the couple continue to rebuild trust. A postnuptial agreement, or prenuptial agreement amendment, can also change the parties initial intent regarding financial divisions of income in the event of a change in economic circumstances not initially anticipated at the time of marriage.
Work with an attorney to develop a postnuptial agreement. Do not rely on do-it-yourself websites. San Diego Esquire provides flat fee postnuptial agreement drafting and review services for California residents. You can work directly with our attorney to make sure your separate and community property interest is best protected in a postnuptial agreement. Our affordable postnuptial agreement services start at $595. Sign up below to get started.