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Postmarital agreements are an option for married couples

On Behalf of | Aug 23, 2021 | Family Law

Fewer Californians have probably heard about postnuptial agreements as opposed to prenuptial agreements, the latter of which are more widely publicized.

It may even come as news to some Monterrey residents that they are allowed to enter into this type of agreement at all once vows get said.

However, California law does allow couples to enter into what are called postnuptials or, more formally, postmarital agreements.  Like premarital agreements, couples can after marriage enter these agreements to set out what will happen financially in the event of a divorce or some other major life event.

While such provisions may be more difficult to enforce, the agreement can also address non-financial issues that may be points of contention in a relationship.

In any event, and as in the case of premarital agreements, it is important that the agreement be drafted carefully and with due regard for the law. Otherwise, the agreement may not be enforceable in court.

Why should I consider a postnuptial agreement?

People may be interested in a postnuptial agreement for a number of reasons. In some cases, they simply regret not signing a prenuptial agreement and want to course correct.

In other cases, the postnuptial agreement may be a step to getting a tumultuous marriage on better footing or just improving communication between the spouses.

Sometimes, outside factors may play a role in a couple’s decision to enter into a postmarital agreement.

For example, if a person owns a business as part of a partnership or small corporation or LLC, he or she may be expected to sign a postmarital agreement so that the business does not get disrupted by the person’s death or divorce.

In other cases, a person may receive an unexpected or large gift or inheritance. In still other cases, children from a prior relationship may reach the age of majority and thus be legally able to inherit their parent’s wealth.

Someone who believes that a postmarital agreement is a good option for them should consider speaking to an experienced family law attorney.