Postnuptial Agreements in California | What to Know

a family law document

As you may know, when it comes to divorce, property distribution is among the most important issues. No one wants to lose the property and assets that they feel are rightfully theirs. This is why oftentimes before couples are married, they will draft prenuptial agreements together in an effort to protect their assets from a potential future divorce. That being said, though those who are already married may not draft prenuptial agreements, they can still draft postnuptial agreements. Read on and reach out to our knowledgeable Los Angeles divorce attorneys to learn more about postnuptial agreements and whether drafting one is right for you. Here are some of the questions you may have:

What is the function of a postnuptial agreement in California?

Drafting a postnuptial agreement can help couples protect many of their assets from a future divorce. Just some of the things you can address in your postnuptial agreement are as follows:

  • What you wish to happen with certain inheritances
  • What will happen with your death or retirement benefits
  • Business owners can outline what will happen with their businesses, should they ever get divorced
  • What you want to happen with certain assets, such as real estate, vehicles, bank accounts, and more
  • You can even set a future spousal support structure

As you can see, postnuptial agreements can serve many purposes, and though drafting one may be a difficult discussion, you may thank yourself in the future for drafting one.

What makes a postnuptial agreement valid and enforceable?

Though you technically do not require the services of an attorney to draft a postnuptial agreement, in many cases, having one is your best option, as it can help ensure that you do not make any mistakes. If your postnuptial agreement does not meet all the necessary criteria, it won’t be considered valid and enforceable in the eyes of the law, thereby giving it no legal standing, should you choose to get divorced. For a postnuptial agreement to be considered valid and enforceable, it must:

  • Be in writing
  • Have both spouses’ signatures
  • Be transparent and fair to both parties
  • Be notarized
  • Include full disclosure of all assets
  • Have no evidence of coercion or deceit. If the court believes that either spouse forced or tricked the other into signing the document, the agreement will not be considered valid or enforceable.

If you have any further questions, simply give us a call today. We are here to help in any way we can.

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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