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Frequently asked questions about post-nuptial agreements

On Behalf of | Jul 29, 2018 | Family Law |

While most couples in California have heard of pre-nuptial agreements, fewer still are aware of the role post-nuptial agreements play. These marital contracts are created during a marriage to establish guidelines on the union itself as well as what will occur should it be dissolved. TheSpruce.com answers some common questions regarding these agreements, which are becoming more and more popular among couples.

What Do Post-Nuptial Agreements Cover?

Post-nups can cover a broad range of areas. They can establish guides lines on things like fidelity and financial matters, or even rectify a disagreement on child-rearing. They may also be created as a result of changes in finances during a marriage. For instance, if one or both spouses are business owners or come into a great deal of money an agreement may need to be devised. In some cases, they may be intended to quell conflict as sort of a last effort before their divorce.

Are These Documents Valid?

There are a few factors a judge will look at to determine the validity of an agreement. First, a judge will determine whether either party signed out of duress. Next, he or she will establish whether any assets have been hidden (which will render the contract null and void). A judge may also look at the document’s fairness. Because rules can vary quite a bit from state to state, it’s crucial that both parties have legal counsel to ensure their best interests are kept in mind.

Can a Post-Nup Cause More Damage to a Marriage?

In some cases, a post-nup can cause more conflict to an already troubled marriage. While these documents can be helpful under the right circumstances, couples should consider other options for conflict resolution before taking this step. Sometimes, just communicating openly about problems in the marriage can be beneficial for coming to a resolution.


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