Legal Steps to Take After Signing a Postnuptial Agreement in San Jose

Postnuptial agreements in San Jose help clarify financial responsibilities, protect personal assets, and can serve to update estate plans. But signing the agreement is just the beginning. To ensure the contract holds legal weight and serves its intended purpose, our San Jose postnuptial agreement lawyer outlines the steps couples need to take to properly finalize, store, and, if necessary, enforce the agreement.

What to Do After Signing a San Jose Postnuptial Agreement

A San Jose postnuptial agreement must be signed by both spouses and meet other legal standards required under the California Family Code. It requires full transparency and fairness, even after the document is signed.

To ensure your Santa Clara County postnup is enforceable and properly maintained, it is important to do the following:

• Retain original signed copies in a secure place, such as a fireproof safe or digital vault.
• Exchange updated financial disclosures and retain proof of each spouse’s assets and debts at the time of signing.
• Inform your estate planner or financial advisor of any relevant terms, especially those that relate to inheritance, retirement accounts, or trusts.
• Avoid commingling protected assets, as this can blur the line between separate and community property.
• Discuss and document any major life changes that may affect the agreement, such as a business sale, inheritance, or new debts.

Postnuptial agreements do not need to be filed with the court unless they are being enforced or challenged in a legal dispute, such as during a San Jose divorce or estate proceeding.

Enforcing or Updating a Postnuptial Agreement

A postnuptial agreement is enforceable through the Santa Clara County Family Court only if it meets certain legal standards. Courts will assess not just what was signed, but how it was signed, particularly whether both parties had full financial disclosure and the opportunity to seek independent legal counsel. If those conditions were met and the agreement is not “unconscionable,” the terms are likely to be upheld.

To maintain the strength of your agreement over time, take these steps:

• Review the agreement periodically, especially after major financial or life changes.
• Get trusted legal help before making any informal changes, as verbal agreements or unwritten modifications are not enforceable.
• Have your lawyer draft a written amendment or updated agreement to reflect any changes you and your spouse agree on.
• Keep financial records, property titles, and other documents organized and accessible, especially if they might be needed in divorce or probate court.

A well-maintained postnuptial agreement can prevent future disputes and provide peace of mind. However, failing to update financial records or get professional legal help when circumstances change could jeopardize its enforceability.

Consult Our Experienced San Jose Postnuptial Agreement Lawyer

Postnuptial agreements in San Jose offer clarity and protection, but only if your postnup adheres to legal guidelines and is properly maintained. At Argyris Mah, LLP, we help couples take the appropriate legal steps after signing, from updating financial disclosures to securing long-term enforceability. Call or contact our office online today to schedule a confidential consultation with our experienced San Jose postnuptial agreement lawyer.

Sources:

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