Is A San Jose Postnuptial Agreement Enforceable After Infidelity?
Infidelity is a major blow to a marriage, but it doesn’t necessarily mean the end. In many cases, creating a postnuptial agreement in San Jose can help rebuild trust while protecting your financial future.
If you’re considering a San Jose postnup after cheating has occurred, it’s natural to wonder whether it will actually hold up in court. In California, postnuptial agreements are legal and enforceable, but there are strict rules governing their creation. Our experienced San Jose postnuptial agreement lawyer explains how to create a valid agreement that reflects your situation and protects your rights.
Using a San Jose Postnuptial Agreement After Infidelity
Under the California Family Code, a postnuptial agreement is entered into after marriage and defines the division of assets if the couple divorces. It may also include terms about spousal support or business interests.
In the aftermath of an affair, some couples use postnups to draw financial boundaries or offer reassurances that help keep the relationship moving forward. Creating a postnuptial agreement in San Jose may be helpful if:
- One spouse is willing to stay in the marriage, but wants financial protection.
- Both spouses agree to counseling and wish to clarify financial terms moving forward.
- A previously unfaithful spouse wants to offer a financial concession.
- There is a desire to protect children from a prior relationship.
- The couple owns a business and wants to preserve it through rough patches.
Infidelity doesn’t automatically invalidate a postnup. However, the agreement must still meet California’s legal requirements.
How to Ensure Enforceability in a San Jose Postnup
When enforcing a postnuptial agreement in San Jose, judges with the Santa Clara County Family Court carefully review the document to determine if it was signed freely, fairly, and with full knowledge of what each spouse was giving up. This is especially important when one spouse may be more emotionally vulnerable due to an affair. The following tips can help to ensure your postnuptial agreement is enforceable:
- Be honest and thorough in disclosing all marital and non-marital income, debts, and assets.
- Avoid coercion, as both parties must agree voluntarily.
- Use separate legal representation for each spouse.
- Ensure the terms are not grossly unfair (“unconscionable”).
- Put the agreement in writing and ensure it’s properly signed.
Postnuptial agreements that appear to be punishment for wrongdoing or that exploit one spouse’s emotional distress may be challenged in court.
Reach Out Today to Request a Consultation With Our San Jose Postnuptial Agreement Lawyer
If you are dealing with infidelity or your marriage is otherwise going through a difficult time, creating a postnuptial agreement in San Jose can help rebuild trust while protecting your financial future.
At Argyris Mah, LLP, we understand how sensitive this situation can be and can help you explore your options and create an agreement that stands up in court, no matter what the future holds. Reach out and call or contact our office online today to schedule a confidential consultation with our San Jose postnuptial agreement lawyer.
Sources:
leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FAM&tocTitle=+Family+Code+-+FAM
santaclara.courts.ca.gov/divisions/family-division
