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How to Protect Postnuptial Agreement

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In this tutorial, Carla Hartley discusses post-nuptial agreements, which are contracts couples enter into after marriage, outlining terms for dissolving their marriage and community estate. She describes a post-nuptial agreement as a significant indication that a marriage may be facing challenges. Hartley compares post-nuptial agreements to prenuptial agreements, noting that the latter is generally easier to set aside and typically anticipates the possibility of divorce without assuming it will occur. Prenuptial agreements assert that each party's separate property remains theirs in the event of a dissolution, whereas post-nuptial agreements focus on the conditions for potential separation.

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Here are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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What does a prenup not cover?

Prenuptial agreements cant include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.

What happens if you cheat with a prenup?

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

Can you waive spousal support in a postnuptial agreement in California?

Unlike for prenuptial agreements, in California we do not have any statute or case law which explicitly provides that a postnuptial agreement can include a waiver of spousal support. For any client that is contemplating a complete waiver of spousal support in their agreement, a premarital agreement is preferred.

Is a postnup as good as a prenup?

A prenup is more likely to be enforceable than a postnup if one of the signers attempts to dispute it following dissolution of the union. Divorce courts tend to presume that coercion is less likely when independent people are signing before they are actually married and have mixed their assets.

What is the 7 day rule for prenups in California?

Section 1615 (c)(2)(B) of the California Family Code mandates that prenups executed after January 1, 2020, have at least seven calendar days between the time that party was first presented with the prenup in its final form and the time that the prenup is signed.

Does a prenup protect all money?

Does a prenup protect future earnings in California? In short, the answer is yes, a prenup can protect both the assets you currently own and any future wages you may earn.

Does a prenup protect you from everything?

A prenuptial agreement, when properly negotiated, can protect the following assets and interests: Retirement or education funds that either party may have accumulated before marriage. Property that either party owns at time of marriage. Property interests of any children from previous relationships.

Can you put whatever you want in a prenup?

The short answer is that you can protect, or not protect, nearly anything you want. A valid prenup is legally binding, so whatever you and your partner put into it should stand up in court if you eventually divorce (though every case is different).

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