A Prenuptial Agreement is a contract used by couples who are planning to get married. It sorts our how property and debts will be divided in the event of a breakup. A prenup also addresses issues of inheritance and spousal support, and allows soon-to-be spouses to openly discuss their finances and future.
There are certain things that cannot be addressed in a prenup or it might be deemed invalid, including child support, child custody or visitation, illegal acts, or non-financial matters, such as household chores, physical appearance, or infidelity. The agreement must be fair to both parties, and it cannot impose undue burden on one party.
Similar to a prenuptial agreement where spouses contract on specific terms, usually financial, before their wedding, a postnuptial agreement is a contract made some time after the vows are exchanged to set certain terms of the relationship.
A postnuptial agreement in California must be written, signed by both parties, and notarized. This ensures the agreement is enforceable and fair to both parties. A few other aspects are considered when establishing a postnuptial agreement, including the following:
- It must be a voluntary act initiated without deception, coercion, threats, or physical force.
- It must be considered fair, without being unconscionable or extremely one-sided for either party.
- It must be transparent, with full disclosure from both sides about their income, assets, property, and debts.
- The Postnuptial agreement should still uphold the duties of marriage outlined in California Family Code 721 .
If you would like for us to draft a Prenuptial/Postnuptial agreement, we can help you at our office!
Contact us to get started at 714-209-8500