According to a 2015 American Academy of Matrimonial Lawyers survey, post-uptial agreements are multiplying. But that doesn`t mean they`re made for every couple. As in the case of a pre-marriage agreement, a post-uptial agreement must be negotiated and developed with great care. Under California law, married couples have a high trust duty to each other. A change in the ownership of the marriage may result in a presumption of disability when a spouse is disadvantaged by the change. In order to obtain the validity of a post-marriage agreement in California, it is necessary for a spouse “disadvantaged” by the terms of the agreement to fully understand the terms of the agreement and sign them voluntarily. Unlike a marriage (or pre-marital) contract that is a pre-marriage contract with two marriage wills and falls under Section 1615 of the California Family Code, a post contract is a contract entered into by already married persons who wish to expose things such as possible changes in the character of the community and separate property and other rights and obligations. The requirements for post-nuptial arrangements in California are quite simple. California has specific requirements for the creation of post-ascending agreements. The first three requirements are relatively simple.
The post-uptial agreement must be written (preferably typed), signed by both spouses and duly certified notarized. These are the basic conditions for the family judge to consider the agreement to be enforceable. For those considering getting married in California, marriage contracts may be a smart option, but they are not suitable for everyone. Consider talking to a California family lawyer if you have any additional questions. LA Law Protection Of Assets lawyers will help you decide what is right for your situation and document the details in a marriage agreement before you get married or establish a couple`s relationship. For a post-uptial agreement to be valid and enforceable, the parties must submit fully to their assets, debts, income and obligations.