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Do I need a post-nuptial agreement?

On Behalf of Cullen Family Law Group | Apr 29, 2022 | Property Division |

Most California residents have heard of a pre-nuptial agreement, which is a written contract signed by a couple prior to marriage. A pre-nuptial agreement contains terms surrounding things like property division, alimony or other financial matters. Although couples do not intend to get divorced, a pre-nuptial agreement provides them with peace of mind knowing that if divorce does occur, they know what will happen.

If you are already married, you can still take advantage of these benefits through a post-nuptial agreement. While a pre-nuptial agreement is executed before marriage, a post-nuptial agreement is executed after marriage. Both types of agreements can save married couples time and money if they decide to divorce.

Reasons for a post-nuptial agreement

There are many reasons married couples choose to have a post-nuptial agreement drafted. One spouse may be expecting to receive an inheritance or monetary gift, career choices may change, or financial circumstances may be different or more complex than at the beginning of the marriage. A spouse who owns a business may want set terms regarding the business.

Sometimes a major life event can cause spouses to conclude that a post-nuptial agreement best fits their situation. Couples may even use a post-nuptial agreement as a way to strengthen a failing marriage.

Will a court uphold the agreement?

Once a post-nuptial agreement is in place, a court will generally uphold it, unless there is some evidence that one spouse lied about their financial situation or coerced the other spouse into signing the agreement. California law allows post-nuptial agreements but imposes a duty of good faith and fair dealing on each spouse.

A post-nuptial agreement can be executed at any point during the marriage. It can last for an indefinite period or expire at a certain point. Married couples who are considering a post-nuptial agreement can benefit from speaking with an experienced family law attorney, who can answer questions, provide advice and draft an agreement in everyone’s best interest.

 

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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