Post-Marital Agreements – San Diego Family Law Attorneys, Divorce Lawyers, Post-Nuptial

Nielsen & Associates - San Diego California Attorneys

Our San Diego, California Divorce & Family Law Attorneys assist individuals and families throughout San Diego County, CA and the following cities: Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Poway Oceanside San Diego San Marcos Santee Solana Beach Vista

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A post-marital or post-nuptial agreement is similar to a pre-nuptial agreement except that the parties make the agreement after they are married. Some lawyers call post-nuptial agreements marital agreements and they are specifically authorized in the California Family Code of Law, and in San Diego. There is no strict requirement for either party to have an attorney review these agreements but it is a very good idea. The services of an attorney knowledgeable in these matters can help prevent misunderstandings and mistakes from happening that may only become evident in the midst of a divorce or probate proceeding.

These agreements may touch on many areas of law and can be complex, especially in the case of pensions. For example, if the spouses are making an agreement that includes rights after death, (usually waiver of rights set forth in the California Probate Code) they must make sure the agreement complies with the applicable sections of the Code. Further, if spouses are making agreements affecting their respective rights to pension benefits, they must comply with the United States Code (federal law). These can be complicated issues and it is always best to have an attorney familiar with the law draft the agreement.

Postnups enable married couples who aren't satisfied with the divorce laws in their state to structure their own settlement, so they can allocate their property and income as they see fit. Most states employ the "equitable distribution" method for splitting up assets in divorce: Assets are split equitably -- not equally -- with courts having the ultimate authority to decide what is fair under the circumstances. In community-property states, such as California, assets and income are split 50-50, unless there is a valid pre-nuptial or post-nuptial agreement.

To be valid in San Diego and the State of California a post-nuptial agreement or marital agreement must be in writing, signed by both parties, accompanied by a full disclosure of all assets, income and debt of both parties, be free from fraud and duress and entered into freely, and most importantly must have allowed the parties ample opportunity to consider its contents and obtain legal advice before signing.

When a man and woman are married (instead of just contemplating marriage), they may be held to a very high standard of fairness when dealing with each other on financial issues--perhaps a higher standard than would be the case if they were entering into a premarital agreement.

It is not only good practice to get legal advice before signing any marital agreements, it is in your best interest. If you have any questions about marital agreements in the state of California, please contact our San Diego Lawyers today.