For a post-uptial agreement to be valid and enforceable, the parties must submit fully to their assets, debts, income and obligations. There could also be a clause in a post-up that, in the event of fraud, automatically set or refused support. Just as a marriage pact protects your personal wealth and finances before you get married, a post-uptial agreement offers some protection in case things don`t work out and you separate for some reason. However, unlike a marriage contract, a post-uptial contract is an agreement signed after marriage. One spouse may have a change in behaviour, become uncontrollable and cause the other spouse to seek legal protection with a post-nuptials. Many couples claim that the execution and signing of post-ascending agreements in a way saved their marriages. Although marital agreements are ideal for court applicability, there are still several advantages to signing a post-uptial agreement. One of the advantages is that the development of a post-uptial agreement allows couples to meet the challenges of their financial situation, such as debt. It can also allow couples to make plans in the event of a spouse`s death or disability.
For some, it is uncomfortable to talk about marital arrangements before the marriage takes place, and after years of knowledge, the subject can be discussed with ease and concern. In California, parties participating in a post-employment agreement must follow certain rules in order for the document to be valid in court. It is important to design and sign a post-ascendancy agreement with the help of a lawyer to ensure its validity after you and your spouse divorce or after the death of your spouse. First, neither party was coerced or forced to sign the agreement; Both parties must sign their free will. Second, the agreement must be written, the signatures of both parties and the notarized certification. Third, the agreement must be clear, transparent and fair. What can lead to a post-up? One reason is that some information about the spouse is discovered after the vows are exchanged. There may be defects that did not exist before. Creating a post-up agreement has no time limit. As long as your agreement complies with California`s legal requirements, the courts will consider them valid, regardless of the length of your marriage. Indeed, post-uptial agreements are most common among couples who have been married for years, because they better understand how much each party has to win or lose.
Once this link is established by the exchange of vows, it is more difficult to separate. However, these two agreements, Prenup or Postnup, may be struck down by one of the parties who argue that she was pressured to enter into the agreement instead of using her free will. Many couples in California have heard of marital arrangements and even thought before getting married. However, many people are not so familiar with post-uptial agreements and how they are used, which is regulated under California Family Code Section 1500.