Let Us Handle Your Postnuptial Agreement
So, you recently tied the knot – congratulations! A postnuptial agreement can help ensure that you and your spouse are on the same page when it comes to handling property, helping you have a better chance at a fair marriage. Our lawyers at Smith Family Law, APC, are here to make sure your postnup covers your bases.
How Your Postnup Works In California
Like prenuptial agreements, postnuptial agreements in California are governed by the Uniform Premarital and Marital Agreements Act, passed into law in 1988.
A postnuptial agreement allows spouses to create procedures for the following processes, should they decide to file for divorce:
- The distribution of marital assets
- What assets are considered marital and separate during the
- The handling of investments and inheritance
- The division of debts and retirement accounts
- The obligation of one party to the other for spousal support
- The care of pets the parties may share
Additionally, a postnup can be used to determine what happens if one party passes away or becomes incapacitated by incorporating a living will (sometimes also called an advance directive) into the agreement.
People create postnuptial agreements for a variety of reasons. Sometimes, parties who experience a sudden windfall want a postnup to ensure their inheritance or new assets are protected. A party may notice alarming behavior in their spouse that makes it prudent to secure their assets. Alternatively, spouses may simply want a legally binding document that helps them ensure their marriage remains equitable.
What Can Make A Postnup Invalid
To be valid, a postnup:
- Cannot be created through coercion or under duress. If a party employs threats, deception, physical force, or otherwise attempts to force the signing of a postnup, it won’t be valid.
- Must be fair. For example, one spouse cannot attempt to include terms that would leave the other party destitute or homeless in the event of a divorce, or that would otherwise be unconscionably unfair to them.
- Must be honest. Should a party engage in fraud by obscuring the value of or hiding assets while drafting the postnup, or engage in other similar behaviors, the postnup will be considered invalid.
At Smith Family Law, APC, our San Diego postnuptial agreement lawyers will help you draft a legally binding document that protects your rights and assets while helping you maintain an equitable marriage.