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California postnuptial agreement

by Stan Burman

A California postnuptial agreement is the topic of this blog post.

A California postnuptial agreement is also referred to as an antenuptial agreement or marital agreement. A California postnuptial agreement is a written contract that is signed after a couple has gotten married or has entered into a civil union. The purpose of a California postnuptial agreement is to finalize the settlement of the couple’s affairs in the event that they separate or get divorced.

They are similar to prenuptial agreements in that they commonly include provisions for the division of property and debts as well as spousal support if the couple gets divorced or separates from each other. Postnuptial agreements are also becoming more widely used the same as prenuptial agreements.

The law in California recognizes the validity of a postnuptial agreement pursuant to the provisions of California Family Code § 1500, which states that, "The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement."

California Family Code § 1502 states in part that such agreements are to be "executed and acknowledged or proved in the manner that a grant of real property is required to be executed and acknowledged" if they are to be recorded in the office of the recorder.

Legal requirements for California postnuptial agreement.

California postnuptial agreements must meet certain requirements in order to be enforceable as listed below.

A California postnuptial agreement must also have all the elements required for a contract such as:

Offer

Acceptance

Consideration

Mutual assent

Legality

Capacity

A California postnuptial agreement should also meet the following requirements:

Be in writing

Must be executed voluntarily

Must be done with full and/or fair disclosure at the time of execution

Must not be unconscionable

Must be executed by both parties (not their attorneys) "in the manner required for a deed to be recorded", known as an acknowledgment, before a notary public.

Sample California postnuptial agreement for sale.

Attorneys or parties in California who would like to view a portion of a 25 page sample California postnuptial agreement containing brief instructions, two lists of property and financial obligations and two notary acknowledgments sold by the author can see below.

Sample Postnuptial Agreement for California by Stan Burman on Scribd

 

 

Experienced virtual paralegal for hire.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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