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