Reasons To Get A Postnuptial Agreement In San Jose
A prenuptial agreement is a legally binding contract entered into by couples about to get married. It can help establish open communications about money, clarifies expectations regarding lifestyle and spending, and protects each individual’s rights in the event of a divorce.
A postnuptial agreement offers similar benefits, but is entered into once a couple has already said, “I do.” Our San Jose postnuptial agreement lawyer explains more about this legal document and shares five reasons to consider putting one in place.
Postnuptial Marital Property Agreements In California
Money is one of the most frequently cited issues in divorce. According to a 2024 Forbes Advisor report, nearly 40 percent of divorcing couples claim disputes over finances as a primary cause of their breakup. A prenuptial agreement can help prevent this problem.
Under the California Family Code, a prenuptial agreement is a legally binding document a couple enters into prior to their wedding day. A postnuptial marital property agreement is similar and an option to look into if you are already married. It details each party’s rights regarding marital property and assets during the marriage and in case of divorce. To be legally valid, a postnuptial agreement in San Jose must meet the following requirements:
- Provide full disclosure of all property and assets;
- Be entered into voluntarily;
- Be fair and reasonable to both parties;
- Be approved by the Santa Clara County Family Court.
Good Reasons To Get A Postnuptial Agreement in San Jose
Any couple can benefit from getting a postnuptial agreement, but there are certain situations in which it is particularly important. The following are five good reasons to get a postnuptial agreement in San Jose:
- You were ready to file for divorce but changed your mind.
While reconciliation works for some couples, it can also provide time for a spouse to incur heavy debt or otherwise deplete marital assets. A postnuptial agreement protects against this.
- You came into an inheritance.
A postnuptial agreement prevents your inheritance from becoming community property, thereby subject to division with your spouse.
- You started your own business.
A postnuptial agreement clarifies ownership and prevents having to sell or buy out your spouse in the event of a divorce.
- You and your partner increasingly fight over finances.
A postnuptial agreement can foster open communication and clarify money matters, reducing disputes over spending and lifestyle.
To Discuss Your Options, Contact Our San Jose Postnuptial Agreement Lawyer
A postnuptial agreement may help strengthen your marriage and protect your financial security in case of a San Jose divorce. To discuss your options in creating one, contact Argyris Mah, LLP. Request a consultation today with our San Jose postnuptial agreement lawyer.
Sources:
forbes.com/advisor/legal/divorce/divorce-statistics/
leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=5.&chapter=1.&article=
santaclara.courts.ca.gov/divisions/family-division
