Header October 3, 2024 ************************************** ************************************** Effective immediately the document collections will no longer be available via the online store. We apologize for any inconvenience, but circumstances have changed to the extent that we must do this in order to protect our business operations. ************************************** ************************************** We have found another way of meeting your needs for any of the following collections. ************************************** ************************************** California discovery document collection, California divorce document collection, California Eviction Defense Document Collection, California judgment recovery document collection, California law and motion document collection, California Legal (formerly Super) Document Collection, Federal legal document collection, Platinum sample legal document collection ************************************** ************************************** Please contact us if you have a need for one or more of these document collections. You can purchase these collections directly from us by contacting us at burman-enterprises@sbcglobal.net. ************************************** ************************************** Important changes have been made to our 30-day Money Back Guarantee. Please review or Refund Policy. ************************************** ************************************** Here are two one-time use codes that you may use to save on your next document purchases from us from now until 12a PT, on Dec 11, 2024. ************************************** Save 25% off any purchase of $95 or more to qualify with this code, YSDSWEWAQV0Y. ************************************** And, Save 20% off any purchase with no minimum requirement to qualify with this code, G4Y686CX74HP. ************************************** Yes, you may use both discount codes, but they must be on separate orders. ************************************** **************************************

Postmarital agreement in California

by Stan Burman

A postmarital agreement in California is the topic of this blog post.

A postmarital agreement in California is also known as a postnuptial agreement or  antenuptial agreement. This agreement is basically a written contract executed by couples after they have gotten married or entered into a civil union and is designed to finalize the settlement of the affairs of the couple in the event that they separate or get divorced. 


A postnuptial agreement is similar to a prenuptial agreement in that they generally include provisions for the division of property and debts as well as spousal support if the couple gets divorced or separates from each other.  The use of postnuptial agreements is becoming more common although they are not presently as widely used as prenuptial agreements.

The law in California supporting the validity of a postnuptial agreement is 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.  It is always good practice to have all parties to any written agreement, particularly a postnuptial agreement to have their signatures notarized.

Any postnuptial agreement must have all of the basic elements required for a valid contract such as:

Offer
Acceptance
Consideration
Mutual assent
Legality
Capacity

A postnuptial agreement in California 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    

Any married couple or any couple who has entered into a civil union who have not previously entered into a prenuptial agreement should consider the use of a postnuptial agreement in order to finalize the settlement of their affairs in the event that they separate, get divorced or wish to dissolve their civil union.

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

Sample Postnuptial Agreement for California by Stan Burman on Scribd

 


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.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.  

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

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.

Back to Blog from LegalDocsPro