What Are The Requirements For Post-Marital Agreement In California?
A postnuptial agreement is a legal document created after marriage. Unlike a prenuptial agreement, which is made before marriage, a postnup addresses the division of assets, debts and financial responsibilities after the couple is already married. At my law firm in Campbell, I focus on providing clear and effective solutions for individuals across the San Jose area looking to establish or amend their postnuptial agreements.
As an attorney with over 30 years of experience in family law, I help clients find alternatives to confrontational divorce. I enjoy resolving family law conflicts holistically to help my clients save time and money. My clients trust me to help create comprehensive and legally valid agreements. I am committed to understanding your unique needs and ensuring your postnuptial agreement reflects those.
The Legal Requirements In California
In California, postnuptial agreements are allowed. But your postnup must meet specific legal standards for the court to accept it during your divorce. Both spouses must willingly consent to the terms, and the agreement must be in writing. Verbal agreements are not enforceable. Full financial disclosure from both parties is essential. Concealing assets can lead to the agreement being invalidated. It’s crucial that the agreement is fair. Courts may reject agreements that seem biased. I advise that both parties seek independent legal counsel to review the agreement to ensure fairness and understanding.
To give the spouses a chance to fully understand its terms, California law requires a one-week waiting period from when the agreement is presented for review to when it can be signed. Additionally, a postnuptial agreement cannot dictate child custody or support terms, as these are decided by the court based on the child’s best interests. Instead, the agreement can only decide financial matters like property division, insurance coverage and spousal support.
How I Can Help
As a Campbell postnuptial agreement attorney, I can help you create a postnuptial agreement tailored to your needs or amend an existing one. My goal is to ensure your agreement is fair, comprehensive and legally sound.
If you are seeking a San Jose postnuptial agreement lawyer, I am here to assist you in achieving peace of mind. Reach out to me at the Law Office of Tammara S. Bloom to schedule a consultation and discuss your postnuptial agreement needs. Call 408-412-1430 or send me an email.