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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.
Does California honor postnuptial agreements?
In the 21st century, postnuptial and prenuptial agreements are common. California imposes several reasonable requirements for postnuptial agreements, but this states divorce courts routinely and reliably honor legally valid postnuptial agreements.
How much does it cost to get a postnuptial agreement in California?
How Much Does a Postnuptial Agreement Cost in California? The average cost (i.e., legal fees) for a California lawyer to draft a postnuptial agreement is $940 [1] on a flat fee basis. The average cost for a California lawyer to review a postnuptial agreement is $500 [2] on a flat fee basis.
Can you do a postnuptial agreement without a lawyer in California?
Technically, yes, you can draft a postnuptial agreement in California without a lawyer. There are even templates and online services available to assist couples in creating a postnup. However, while it may seem cost-effective to do it yourself, this approach comes with significant legal risks.
Are postnups enforceable in California?
California courts do enforce postnups, but they dont treat them like any other contract. Unlike prenups, which are signed before marriage, postnups are created between spouses who already have legal obligations to each other. That means courts examine them more closely to ensure fairness and transparency.
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by RP Aguilar 1962 Cited by 1 The community property system as it is practiced in California allows married couples or couples planning marriage to enter into agreements.
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