A post nuptial agreement in California functions in the same way as pre-nuptial or pre-marriage agreements with one important difference; they are made after the marriage has taken place. Post-nuptial agreements are signed contracts which determine how property will be divided if the couple goes through a divorce. However, post-nuptial agreements are generally entered into by a couple not currently undergoing a divorce. Those would be called divorce settlements. In this way, even couples who have already entered into marriage can have the same security a pre-nuptial agreement would provide.
Both pre and post nuptial agreements generally require the aid of an attorney for both parties because it makes it much more difficult for one party to later say he or she did not understand the terms of the agreement or was forced into it. Generally, these contracts require the review of attorneys to clarify and draft.
Top Orange County Attorneys for a Post nuptial agreement in CA
A postnuptial agreement is a written agreement completed after the marriage, or if the couple have entered into a civil union. It is performed in order to resolve the party’s matters and properties in the event if a divorce or separation were to occur.
Similar to the contents of a pre-nuptial agreement, a postnuptial agreement can differ extensively, but normally incorporates stipulations for separation of assets and alimony in the case of a divorce; death of a spouse.
In some cases, a prenuptial agreement may be enforceable without a marriage; for instance, a Registered partnership or Domestic partnership.
For further information on Post nuptial agreements in California, please contact theTop Family Law Attorneys for California at 714-971-8000. Call today for your free consultation.