What is a postnuptial agreement?

A postnuptial agreement is a written contract that is created and signed by a married couple during the course of their marriage. These agreements are made to determine the ownership of assets and properties, as well as how costs, debts and future assets will be distributed in case of a divorce. This agreement allows couples to make decisions that might otherwise be determined by a court in the event of a divorce. Postnuptial agreements are legally binding documents that are recognized in California. They are also known as antenuptial agreements, prenuptial agreements, post-marital agreements or marital contracts. To be legally valid, the agreement must be signed voluntarily by both spouses and it must be in writing. A postnuptial agreement allows couples to decide what will happen to their assets, debts and property in the event of a divorce. The agreement can also include provisions for retirement, alimony and other property rights upon dissolution of the marriage. All aspects of the agreement must be reasonable and make sense for both parties to avoid potential issues in the future. It is important to note that a postnuptial agreement does not guarantee that the terms of the agreement will be enforced in a divorce. Courts have the final say on what is fair and equitable for both parties in a divorce. Before creating a postnuptial agreement, it is strongly recommended that couples seek legal advice to make sure their agreement is legally binding and meets California law requirements.

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