Six Reasons To Update Your San Jose Postnuptial Agreement
Legal documents need to be reviewed regularly and updated as needed. This includes a California postnuptial agreement. A postnup is not something you sign and forget. Failing to make changes to reflect your current situation could jeopardize your rights at a later date.
Life changes, and your postnup needs to change with it. Our experienced San Jose postnuptial agreement lawyer explains six common reasons to make updates, which can help protect your assets, clarify expectations, and prevent conflict down the road.
Life Events That May Trigger the Need to Revise Your San Jose Postnuptial Agreement
If you neglected to get a prenuptial agreement before marriage, you can put a San Jose postnuptial agreement in place at any point afterward. Under Section 1615 of the California Family Code, a postnup identifies all separate and marital property owned by the couple, details each party’s rights and responsibilities, and supports estate plans. Of course, it also protects you if the marriage ends in a divorce.
When you put a San Jose postnuptial agreement in place, it reflects your financial and personal situation at the time, but circumstances can change. Revisiting and updating it periodically helps ensure it still meets your goals and complies with current law. The following are six common life events that prompt making revisions:
- You adopted or gave birth to a child.
- There are significant changes in income or wealth.
- You or your spouse received an inheritance.
- You started or sold a business.
- You made significant investments in real estate or retirement accounts.
- You and your partner reconciled after a separation or marital conflict.
These events can shift financial dynamics, family priorities, and risk exposure. Updating your San Jose postnup allows you to adjust for these shifts before disputes arise.
What to Include When Revising A Postnuptial Agreement In San Jose
An updated postnuptial agreement in San Jose must still meet all legal requirements under the California Code, including having both parties voluntarily sign and fully disclose all relevant financial information. This includes:
- Financial disclosures reflecting all your current assets and debts;
- Updated real estate and other property designations;
- Clear spousal support terms based on any changes;
- Adjustments to retirement or inheritance provisions;
- Business valuation clauses to address future growth or sales.
When updating your San Jose postnuptial agreement, keep in mind that poorly written or unfair amendments (such as those addressing child custody) or those done in anticipation of divorce could result in it being declared invalid by the Santa Clara County Family Court.
Contact Our Office To Speak With Our Experienced San Jose Postnuptial Agreement Lawyer
Life can change over the years. If you have a postnuptial agreement in San Jose, it needs to reflect these changes.
Don’t let outdated paperwork put your future at risk. At Argyris Mah, LLP, we can review your current agreement, recommend updates, and ensure your interests are fully protected. To speak with our experienced San Jose postnuptial agreement lawyer, call or contact our office to schedule a confidential consultation today.
Sources:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=1615.
santaclara.courts.ca.gov/divisions/family-division
