When And Why Married Couples In San Jose Need A Postnuptial Agreement
Most are familiar with prenuptial agreements, which you enter into before getting married, but what happens if you have already said, “I do?” Postnuptial agreements help married couples in San Jose clarify their rights and responsibilities. While not an easy topic to bring up, it can help strengthen your marriage, reduce financial uncertainty, and help couples move forward with clear expectations. Our experienced San Jose postnuptial agreements lawyer explains when and why you might need to put one in place.
Putting a San Jose Postnuptial Agreement In Place: When Is It Most Helpful?
A written contract that spouses enter into after marriage, postnuptial agreements in San Jose address how assets, debts, and income are handled during the marriage or in the event of divorce.
California is a community property state, giving spouses an equal share of all marital property and assets. However, the California Family Code allows them to change what would otherwise be considered community property into separate property or vice versa via a postnup. Situations in which getting is most helpful include:
- After major financial changes, such as getting a significant increase in income or receiving a large inheritance;
- After starting a business;
- In blended families, to protect children born from prior relationships;
- When money management and lifestyle issues have become a point of contention;
- If you have marital problems or recently reconciled with your partner after previously discussing divorce.
How Postnuptial Agreements In San Jose Protect The Rights Of Married Couples
People are often hesitant to bring up the idea of a postnuptial agreement with a spouse, generally out of concern that they will come off as calculating, uncaring, or have given up on the marriage. However, while putting a postnup in place protects your rights when filing for a divorce through the Santa Clara County Court, it also provides other vital benefits. These include:
- Allows for a detailed inventory of all marital property, assets, debts, and income;
- Details the rights of each spouse in managing assets in case of unexpected events;
- Clarifies responsibilities and legal rights in individual or family-owned businesses;
- Supports your will, trust, and other estate planning documents;
- Encourages frank discussion about money matters, fosters cooperation, and affirms financial planning goals.
To be enforceable, postnuptial agreements in San Jose provide complete disclosure and be fair to each party. In terms of divorce, it can address alimony and how marital property is divided, but not child custody or child support.
To Discuss Your Legal Options, Contact Our San Jose Postnuptial Agreements Lawyer
Postnuptial agreements in San Jose are powerful tools that can clarify financial goals and reduce conflict between you and your partner during your marriage and in the event of divorce. To protect your rights in creating one, get trusted legal guidance from Argyris Mah, LLP.
Our experienced San Jose postnuptial agreements lawyer helps clarify obligations and responsibilities in even the most complex situations. To discuss your legal options in creating a postnup in Santa Clara County, contact our office and request a confidential consultation today.
Sources:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=1615.
santaclara.courts.ca.gov/self-help/self-help-topics/self-help-family/divorcedissolution
