Divorce can be an unpleasant experience for anyone, but it can be particularly challenging in California, where the divorce laws are complex and extensive. One way couples can protect themselves and their assets in the event of a divorce is by signing a postnuptial agreement.
A postnuptial agreement is a legal document that is signed by a couple after they are married. This agreement outlines how their assets will be divided in the event of a divorce. It can also cover issues such as spousal support, property distribution, and debt allocation.
In California, postnuptial agreements are legally binding as long as they are entered into voluntarily and each party has had the opportunity to consult with an attorney. However, there are some limitations on what can be included in a postnuptial agreement.
Under California law, the following cannot be included in a postnuptial agreement:
1. Child custody and visitation
2. Child support
3. Waiving spousal support
4. Anything that is against the law or public policy
5. Anything that is unfair or unconscionable
Postnuptial agreements can be particularly useful for couples who have significant assets, inheritances, or business interests. These agreements can also be helpful for couples who have children from a previous relationship.
When creating a postnuptial agreement, it is important to work with an experienced attorney who can help you navigate the complex legal requirements in California. An attorney can also assist in drafting an agreement that is fair and equitable for both parties.
In conclusion, a postnuptial agreement can be a valuable tool for couples looking to protect themselves and their assets in the event of a divorce. If you are considering a postnuptial agreement, it is important to consult with an experienced attorney to ensure that the agreement is legally binding and fair to both parties.