Going through a divorce is an overwhelming and often emotional process. When it comes to dividing assets and settling financial matters, having a clear agreement in place can be crucial. Many couples turn to postnuptial agreements as a means of defining the terms of their financial relationship after marriage. However, a common question that arises is whether these agreements hold up during a divorce. This guide seeks to find answers.
Postnuptial agreements are created after the marriage has already taken place. These legal documents outline how assets, debts, and other financial matters will be handled in the event of a divorce or separation.
In California, postnuptial agreements are generally recognized and can be enforceable. However, various factors can impact their validity. It is important to note that the agreement must be in writing and signed by both parties willingly. Additionally, full and fair financial disclosure is crucial for the enforceability of the agreement. If either party fails to disclose assets or debts honestly, it may raise questions about the agreement’s validity.
California law places a significant emphasis on the voluntariness and fairness of postnuptial agreements. Courts are likely to scrutinize the circumstances surrounding the creation of the agreement to ensure that both parties entered it willingly and without coercion. If there is evidence of duress, fraud, or undue influence, the court may be less inclined to enforce the agreement.
One key aspect that often determines the fate of a postnuptial agreement in California is the requirement for full financial disclosure. Both spouses must provide complete and accurate information about their assets, liabilities, income, and expenses. Failure to disclose material information may render the agreement unenforceable.
To strengthen the enforceability of a postnuptial agreement, it is advisable for both parties to seek independent legal advice. Having separate attorneys can help ensure that each spouse fully understands the implications of the agreement and is not under any undue influence. While it may seem like an additional expense, legal representation can be an investment in the future validity of the agreement.
Postnuptial agreements are designed to address the financial aspects of a marriage at a specific point in time. However, circumstances can change, and what was once fair and reasonable may no longer be so. Some of the changes might include;
It is important to note that postnuptial agreements cannot determine issues related to child custody and support. In California, these matters are determined based on the best interests of the child, and any attempt to address them in a postnuptial agreement may be deemed unenforceable.
Postnuptial agreements can hold up during a divorce in California if they meet certain legal requirements. Seeking legal advice and updating the agreement when necessary can contribute to its strength in the eyes of the court. If you are considering a postnuptial agreement or have questions about its enforceability, consulting with our experienced family law attorney at the Harris Family Law Group can provide the guidance needed to handle this complex legal terrain.
