Postnuptial Agreements

Postnuptial agreements, also known as post marriage agreements, marriage agreements, mid-marriage agreements, postmarital agreements, post-nutptial agreements, and post nuptial agreements, are just the latest trend in promoting harmony in marriage. They are voluntary marriage contracts between spouses created after the wedding occurs. Other than that, they are virtually the same as pre-nuptial agreements.

When creating a postnuptial agreement, each party in the agreement needs to have his or her own legal counsel. If each party doesn’t have his or her own lawyer, the agreement is deemed invalid. When considering if an agreement is valid, the courts will also check to make sure that there had been a full disclosure of assets, a lack of duress during the creation process, and whether or not the agreement is fair to both parties. If all conditions are not met, it is much more likely that the courts will rule the agreement invalid.

Postnuptial agreements are frequently used to resolve disagreements or curb negative behaviors. Disagreements in a marriage frequently arise over finances, assets, children, chores, etc. and so having a postnuptial that defines what is ok and what is not ok can be very good for a marriage. Negative behaviors include adultery and overspending.

This sort of agreement is also created after the financial status of one or both parties changes. Financial status can change due to an inheritance, a new career, a change in investment income, or selling a business.

Most frequently, these agreements are created to resolve disputes, to stop conflict, and to promote harmony. If your status has changed since you got married or you and your spouse are having issues agreeing on who does what chores, please contact the San Diego CA family lawyers of Fischer and Van Thiel at 760-722-7647 to discuss your options.

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