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:
The right of a child to support may not be adversely affected by the Post-Marital Agreement.
Spouses cannot contract to terms which are in violation of public policy or a statute imposing a criminal penalty.
Main points to follow:
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