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Postnuptial Agreements
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Carlsbad Postnuptial Agreement Lawyers

The Benefits Of Signing A Postnuptial Agreement In San Diego

While most people are familiar with prenuptial agreements, postnuptial agreements – signed after the wedding and sometimes well into the marriage – are less common. In California, the courts carefully scrutinize postnuptial agreements. If you are in the midst of divorce proceedings, it’s important to understand how your postnuptial agreement could impact your final divorce decree.

Keep reading to learn more about postnuptial agreements or contact our team at Griffith, Young & Lass for immediate help from a qualified postnup lawyer in Carlsbad.

Is Your Postnuptial Agreement Legally Enforceable?

If one spouse can challenge the enforceability of a postnuptial agreement, then the divorce proceedings become more complicated.

The following factors must exist in order for a postnuptial agreement to be considered legally enforceable:

  • The agreement must be in writing; verbal agreements aren’t enforceable.
  • There must be evidence that both you and your spouse signed the agreement
    freely, without coercion.
  • The contents of the agreement must be fair and not disadvantage one spouse.
  • The agreement must contain full financial disclosures from both spouses.
  • At the time the agreement was made, each spouse must have had legal representation to ensure it was created on a level playing field.

Beyond general enforceability issues, the specific provisions of a postnuptial agreement are also examined. For example, a postnuptial agreement cannot state that one spouse waives child support, and it cannot outline child custody and visitation rights. However, even if specific provisions are deemed unenforceable, the other provisions of the postnuptial agreement can still be valid.

What Is Included In A Postnuptial Agreement?

Postnuptial agreements usually address financial issues. An agreement may limit spousal support, list the separate property and community property, outline how a jointly owned business will be divided and managed, who will keep the family home, and how other assets and debts will be allocated.

If you are contemplating entering into a postnuptial agreement or have a postnuptial agreement and are considering a divorce, call Griffith, Young & Lass at 858-951-1526. Our attorneys have experience navigating postnuptial agreements and are prepared to challenge or defend an agreement in divorce proceedings.