As in the case of a pre-marriage agreement, a post-uptial agreement must be negotiated and developed with great care. Under California law, married couples have a high trust duty to each other. A change in the ownership of the marriage may result in a presumption of disability when a spouse is disadvantaged by the change. In order to obtain the validity of a post-marriage agreement in California, it is necessary for a spouse «disadvantaged» by the terms of the agreement to fully understand the terms of the agreement and sign them voluntarily. Before marriage, it is relatively easy to determine separate property, so a marital agreement is deemed valid for this reason. However, after years of marriage, the separate property is divided and more difficult to separate. A California post-nuptial agreement cannot control child care or custody. It cannot control a person`s behaviour and cannot punish a spouse for his infidel. Nor can this type of agreement regulate religious practice. As in the case of a conjugal agreement where spouses enter into a contract on certain terms, usually financially, before their marriage, a post-uptial contract is a contract that was entered into some time after the exchange of vows to establish certain conditions of the relationship.
Parties to a post-uptial agreement may agree that the contract will be extended retroactively to the date of their marriage or to a specified date, for example. B at the time the contract is signed. It is always important to set the ground rules when entering into a marriage, civil union or fundamental cohabitation agreement, especially when you are in a relationship with exclusive and separate assets. LA La Law Center can help if you find that a California Prenuptial or Separate Property Agreement are options you are considering. The additional requirements relate to the fairness of the post-up agreement. These requirements are as follows: According to a 2015 American Academy of Matrimonial Lawyers survey, post-uptial agreements are multiplying. But that doesn`t mean they`re made for every couple. California has specific requirements for the creation of post-ascending agreements.