Can A San Jose Postnuptial Agreement Save A Troubled Marriage? Legal And Practical Considerations
When a marriage hits a rough patch, some couples opt to get counseling while others feel like they need some time apart. In either of these cases or other scenarios where your relationship is in question, getting a postnuptial agreement in San Jose can help provide stability during a difficult time and a measure of reassurance regarding what the future might hold.
In California, postnuptial agreements are legal, enforceable contracts between spouses that can offer both clarity and peace of mind. Can a postnup save a troubled marriage? Our San Jose postnuptial agreement lawyer explains that in some cases, yes, if it’s done for the right reasons and with the appropriate legal safeguards in place.
How A San Jose Postnuptial Agreement Can Help Troubled Relationships
San Jose postnuptial agreements are created after a couple is already married. Unlike prenuptial agreements, which are often about preparing for the unknown, postnups are often used in response to real-life challenges.
The California Family Code allows spouses to contract with each other about property rights and obligations, so long as the agreement is in writing and both parties enter into it voluntarily. A San Jose postnup can be used to:
- Clarify separate vs. community property;
- Allocate responsibility for debts;
- Protect business interests or inheritance;
- Address future spousal support;
- Document financial boundaries or agreements reached after a period of conflict.
Working through these issues together can help couples reduce resentment in their relationship, rebuild trust, and move forward with more stability. For some, the process of creating a postnuptial agreement is a productive step in reconnecting and problem-solving, and can help prevent going through the process of divorce in the Santa Clara County Family Court.
Legal Requirements For San Jose Postnuptial Agreements
While postnups can be valuable, they also come with legal risks if not done properly. Spouses owe each other a fiduciary duty under the California Family Code, so any agreement that benefits one spouse more than the other is subject to intense legal scrutiny. To create an enforceable postnuptial agreement in San Jose, couples should:
- Fully disclose all assets, debts, and income.
- Have the agreement reviewed by separate attorneys for each spouse.
- Ensure the terms are fair and not “unconscionable”.
- Avoid any signs of coercion, pressure, or emotional duress.
- Put the agreement in writing and sign it voluntarily.
Keep in mind that a postnuptial agreement cannot waive or limit child support, nor can it dictate child custody arrangements. Those decisions must be made based on the best interests of the child at the time of separation, not in advance.
Get Trusted Legal Guidance From Our San Jose Postnuptial Agreement Lawyer
If you’re working through marital difficulties, getting a postnuptial agreement in San Jose may be a practical and empowering way to protect your interests while giving your relationship room to heal. At Argyris Mah, LLP, we can help you draft a fair, enforceable agreement that supports your goals and protects your rights. Contact our San Jose postnuptial agreement lawyer today and schedule a confidential consultation.
Sources:
leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FAM&tocTitle=+Family+Code+-+FAM
santaclara.courts.ca.gov/divisions/family-division
