What Is a Postnuptial Agreement?
Pretty much everyone has heard of prenuptial agreements, those documents couples sign before they walk down the aisle to protect their financial interests in case of a later divorce. But what happens if a couple wants to define or change the financial terms of their marriage after the wedding? That’s where a postnuptial agreement comes in. Post-nuptial agreements, also known as post-marital agreements or postnups, are legal contracts made between spouses during the marriage that outline the division of assets, debts, and other financial matters in the event of divorce, death, or some other triggering event defined by the parties.
Read on to learn more about how postnuptial agreements work and how they can protect your future while adding security and peace of mind to your marriage. For help negotiating a post-nuptial agreement in Los Angeles or the San Gabriel Valley, contact Blasser Law to meet with a skilled and experienced Claremont postnuptial agreement lawyer.
Postnuptial Agreement Overview
Postnuptial agreements are increasingly popular among married couples who want to clarify financial expectations or protect individual assets for their security. These agreements can help couples avoid costly disputes in the future and provide peace of mind by putting important financial decisions in writing. In California, postnuptial agreements are recognized and enforceable as long as they meet certain legal requirements.
A postnuptial agreement can cover a wide range of topics. Most commonly, couples use postnups to establish how assets and debts will be divided in the event of divorce. This may include property acquired before or during the marriage, business interests, retirement accounts, and inheritance. Postnups can also address issues such as spousal support, ownership of real estate, and financial responsibilities during the marriage. However, they cannot be used to determine child custody or child support, which must always be decided based on the best interests of the child at the time of divorce.
Why Have a Postnuptial Agreement
There are many reasons why couples choose to create a postnuptial agreement. In some cases, a significant life event prompts the discussion, such as the birth of a child, a major inheritance, or a change in career or income. Other times, couples who have experienced marital difficulties use postnups as a tool to rebuild trust and set clear boundaries. One spouse might want to protect separate property, such as a family business or personal inheritance, especially in blended families or second marriages. In high-asset marriages, a postnup can help preserve wealth and simplify the financial aspects of a potential divorce.
While the idea of negotiating a postnuptial agreement might seem unromantic, many couples find that openly discussing financial expectations actually strengthens their relationship. Money is one of the most common sources of conflict in marriage. Having a transparent conversation and a written agreement in place can reduce misunderstandings and help couples navigate financial decisions more confidently.
Legal Requirements for a Postnuptial Agreement in California
For a postnuptial agreement to be valid and enforceable in California, it must meet specific legal standards. First, the agreement must be in writing and signed by both spouses. Verbal agreements are not enforceable. Second, the agreement must be entered into voluntarily and without coercion or undue influence. Both parties must provide a full and fair disclosure of their assets, liabilities, and income at the time the agreement is made. If either spouse conceals important financial information, the agreement could be challenged and potentially invalidated.
It is highly recommended that both spouses be represented by independent legal counsel during the drafting and signing of a post-nuptial agreement. Having separate attorneys ensures that each party fully understands the terms and consequences of the agreement and that their interests are properly represented. Courts are more likely to enforce a postnup when both spouses have had the opportunity to seek independent legal advice.
Additionally, the terms of the agreement must be fair and not unconscionable at the time it is signed. An agreement that heavily favors one spouse at the expense of the other may be scrutinized by the court and found unenforceable. The court may also consider whether there has been a significant change in circumstances since the agreement was signed that would render it unjust.
Postnuptial Agreements Versus Separation Agreements
It is important to distinguish postnuptial agreements from separation agreements. A postnup is signed while the marriage is ongoing and the couple intends to stay together. A separation agreement, on the other hand, is usually drafted when the couple has decided either to take a significant break or to end the marriage and is preparing for divorce. While both types of agreements deal with similar financial issues, they arise from very different circumstances.
Contact the Claremont Family Law Attorneys at Blasser Law
If you are considering a postnuptial agreement, it is important to consult with a knowledgeable family law attorney who can help you meet the legal requirements and ensure the agreement is tailored to your specific needs. At Blasser Law, we assist clients in Los Angeles and the San Gabriel Valley with a full range of family law matters, including prenuptial and postnuptial agreements. Whether you are looking to protect your assets, clarify financial expectations, or simply gain peace of mind, we can help you draft a postnup that reflects your goals and stands up to legal scrutiny.
Marriage is both a personal and financial partnership. A well-drafted postnuptial agreement can provide clarity and stability, helping couples manage their finances more effectively and focus on building a strong future together. If you have questions about postnuptial agreements or want to explore whether a postnup is right for you, contact Blasser Law today to schedule a confidential consultation.
