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Post-Marital Agreement, Postnuptial Agreement, Postnup

What is a Post-Marital Agreement?

The Post-Marital Agreement also known as a Postnuptial Agreement (Postnup) means an agreement between spouses regarding property.

Family Code Section 1620 states, “Except as otherwise provided by law, spouses cannot, by a contract with each other, alter their legal relations, except as to property.”

The same way as a Premarital Agreement (Prenuptial Agreement or Prenup) the Post-Marital Agreement (Postnuptial Agreement or Postnup) describes what will happen with spouses’ assets and debts should the marriage end in divorce or legal separation.

To be valid the Post-Marital Agreement (Postnuptial Agreement or Postnup) must meet specific laws and regulations:

  1. Must be in writing. Oral agreements are not enforceable.
  2. Before signing the Post-Marital Agreement both parties have to make full and fair disclosure of assets, income, and financial obligations to each other.
  3. Must be executed voluntarily. For example, agreements executed under duress, fraud, undue influence are unenforceable.
  4. Must be fair, it means that the Post-Marital Agreement must not be unconscionable, one-sided            

Limitations:

  1.  Spouses cannot waive or limit their respective rights to ask for spousal support.
  2.  The right of a child to support may not be adversely affected by the Post-Marital Agreement.

  3.  Spouses cannot contract to terms which are in violation of public policy or a statute imposing a criminal penalty.

Main points to follow:

  • Hire an attorney.
  • If you are an initiator of having a Post-Marital Agreement with your spouse.
    • Make sure your spouse has an attorney.
  • Use the following forms to formally disclose your assets, income, and financial obligations to your spouse:
    • Income and Expense Declaration (form FL-150), and
    • Schedule of Assets and Debts (forms FL-142).
  • Make sure your spouse formally discloses her/his assets, income, and financial obligations to you.
  • If English is not your/your spouse’s native language, make sure your/your spouse’s attorney speaks your/your spouse’s native language.
  • Your attorneys will take care of other nuances and formalities of the Post-Marital Agreement.

 

Please feel free to email me at maria@rogovalawfirm.com or call me at 619-737-3919 if you have any additional questions. I will gladly provide you with a 30-minute complimentary consultation.

Our Process

We will make sure you understand the entire process and are involved in it. We believe that you should meet, work, and communicate with an attorney throughout your entire case.

1. Evaluating

We meet with you to learn about your case, issues, and nuances. We explain the process and options available to you.

2. Planning

We set goals and develop a strategy for your case in order to achieve them. You will be involved in the entire process and the final decision will be up to you.

3. Achieving

We will be working diligently on your case to protect your rights, assets, children, and values. If your case requires, we will use discovery tools to find hidden information. We understand that each case is unique and requires a different approach to achieve your desired result.

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within 1 business day. If it’s an emergency, please call us now.

Call : (619) 737-3919

maria@rogovalawfirm.com Mon – Fri 8:30  – 6:00

 

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maria@rogovalawfirm.com
·  Mon – Fri 8:30 AM – 6:00 PM