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Postnuptial Agreement FAQ

Posted on : April 8, 2016
Orange County Divorce Attorney

Postnuptial agreements are less common than prenuptial agreements, but their frequency is increasing in California marriages. Couples who seek postnuptial agreements do so because they want some legally enforceable boundaries within the marriage. Here’s what you need to know about postnuptial agreements.

1. They Always Occur After the Marriage Takes Place

The name “postnuptial” means that this type of agreement always occurs after the marriage takes place; a couple can’t have a postnuptial agreement if they aren’t married. In that case, it would be considered a prenuptial agreement.

2. Full Disclosure Must Take Place 

For a prenuptial agreement to be considered legally valid, both parties must have full disclosure, especially regarding assets. The same is true of postnuptial agreements. Both spouses must fully disclose all assets before signing a postnuptial agreement in order to ensure that it is a legally valid and enforceable document.

3. A Postnuptial Agreement Entered Into by a Spouse who Plans to Divorce Is Considered Fraud

Typically, a postnuptial agreement is created when a married couple begins experiencing problems, typically problems related to money. A postnuptial agreement is designed to help create a scenario in which the couple can work out their issues and remain married. If it is discovered that one spouse entered into a postnuptial agreement with the intent to divorce shortly thereafter, this can be considered fraudulent inducement of contract.

4. You’ll Need Separate Attorneys

In the case of prenuptial agreements, it’s important that each individual have a separate attorney review the document and ensure that their rights and interests are being protected. The same is true of a postnuptial agreement. Although married couples often share an attorney after they are wed, if they are drawing up a postnuptial agreement, this would be considered a conflict of interest.

Contact an Orange County Divorce Attorney Today

If you have already entered into marriage and desire to draw up a postnuptial agreement, don’t hesitate to contact an Orange County divorce lawyer to discuss your rights and how to move forward. At the Law Office of Barbara E. McNamara, we can provide you with the information you need about postnuptial agreements and can assist you in the drafting or review of such an agreement. Contact us today for a consultation by calling (714) 740-2542. We are available now to speak with you.

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