A postnuptial agreement is a legal document that details how a couple will split assets and handle other elements of a divorce should the marriage come to an end. It is a document drafted and signed after a couple marries. It is not the same as a divorce petition and does not encourage divorce. Instead, it helps one or both spouses protect his or her rights, avoid taking on the other person’s debts, safeguard assets, and have peace of mind about the future. Please contact our San Jose postnuptial agreement lawyers at Schoenberg Family Law Group for personalized legal advice about a postnup today.
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- We have more than three decades of experience helping clients with family law.
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Why Sign a Postnuptial Agreement in San Jose?
A postnuptial agreement sets up certain parameters that will become effective on the date the couple (and a notary) signs the postnup. The terms of a postnuptial agreement will not apply, however, unless the couple gets a divorce. Couples in California can enter into postnups after marriage if they wish to control property division and other matters in the event of a divorce. Rather than these matters creating conflicts and leading to the couple having to go before a judge in San Jose, a postnup can determine matters of a divorce in advance.
A postnuptial or prenuptial agreement often allows a couple to avoid going to court by arranging complicated matters when the couple communicates, compromises and agrees more easily – before or during a marriage – rather than waiting until the couple encounters problems and is arguing during a divorce. Signing a postnuptial agreement could protect your assets and interests if you and your spouse ever wish to dissolve your marriage.
Potential Hurdles of a Postnup Agreement in San Jose
It is important to hire an experienced family lawyer in San Jose if you and your spouse are considering creating a postnuptial agreement. These legal documents can come with hurdles, obstacles and challenges that could compromise the validity of the agreement if not handled correctly. Including illegal terms or requirements in your postnup, for example, could invalidate the document. You and your spouse cannot include unreasonable provisions or terms that violate state laws in your postnup. Furthermore, you must put the agreement in writing, have a notary sign it, and have both spouses sign it of his or her own free will.
What Can Be Covered by a Postnuptial Agreement in San Jose?
Most postnuptial agreements focus on the division of property, assets and debts. They include monetary provisions that are fair and just for both parties. A postnup can cover the division of property, allocation of debts, ownership of a business, death benefits distribution, spousal maintenance, and other legal and financial matters in the event of divorce or death. A postnup can also enforce financial terms relating to children from a previous marriage, although it cannot change a court-mandated child support order.
What Can’t Be Covered by a Postnuptial Agreement in San Jose?
It is against the law for a postnuptial agreement to include terms that are unfair, unjust, illegal or against public policy. In most cases, the courts will not honor a postnup with terms involving child custody, child support or other legal matters to do with children. The postnup cannot have unconscionable agreements that are grossly unfair to one party. It also cannot have terms that relate to the couple’s personal relationship or try to enforce nonfinancial demands, such as a certain amount of housework one spouse must accomplish. Illegal provisions could render your postnuptial agreement invalid in California.
Contact a San Jose Postnuptial Agreement Lawyer Today
A postnuptial agreement could save your marriage if you frequently argue over financial matters. It could give you and your spouse confidence in the security of each person’s assets should a divorce occur. Learn more about postnups in California during a consultation with our San Jose postnuptial agreement lawyers. Contact us online and we will get back to you right away, or call (669) 230-1304 to schedule an appointment.