Postnuptial Agreements
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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

Santa Clara County Postnuptial Agreements Lawyer

Law Firm Providing Legal Help With Postmarital Agreements in Los Gatos, CA

Saratoga postmarital agreement attorney

Most people are familiar with the concept of a prenuptial agreement, or "prenup," in which an engaged couple will decide on how to handle financial or property division issues if they ever decide to divorce. But what many people do not realize is that a married couple may also draft a postnuptial agreement dictating how to handle financial or property division issues if they ever decide to divorce or separate.

Postnuptial agreements can provide spouses with protection and financial security in a variety of situations, including:

  • When one spouse plans to start a new business, and the other spouse wants to be sure the family's finances will be protected if the business fails.
  • When one spouse experiences a large increase in income or inherits significant financial assets.
  • When one spouse discovers new information about their partner, such as a gambling addiction or a history of substance abuse that may affect the marital property.
  • When a spouse or child experiences illness or disability that may require financial support.

Postmarital Agreements Under California Law

The requirements under California law are not the same for postmarital agreements as for premarital agreements, which are statutory. However, the law provides that postnuptial agreements are governed by contract law as well as various principles, such as confidentiality and fiduciary relationship. The confidential relationship imposes on spouses the duty of the highest good faith and fair dealing between themselves. Because of the confidential relationship and fiduciary duty, it is strongly recommended that the following requirements be met:

  • Both parties must voluntarily enter into the agreement;
  • Each party must have full knowledge of the other party's property or financial obligations or waive their right to financial disclosure;
  • Each party must be represented by independent legal counsel or waive their right to an attorney;
  • Each party must have a reasonable amount of time between when they are initially presented with the agreement and when the agreement is signed; and
  • The agreement must not be grossly unfair to one party.

While California courts will generally presume that premarital agreements which adhere to the statutory requirements are valid, requiring a party to demonstrate why it should not be enforceable if any disputes arise, the opposite is true for postmarital agreements. In these cases, the spouse who wishes to enforce the agreement will have the burden of proof to show that the requirements for enforceability have been met.

Postnuptial agreements may specify how marital assets and debts will be divided after divorce, whether separate property will be converted into community property (or vice versa), or the amount and duration of spousal support that one spouse will pay to the other. A postnuptial agreement cannot make decisions about child custody or child support.

Contact a Los Gatos and Saratoga Postnuptial Agreement Attorney

If you feel that you need the protections of a postmarital agreement, an experienced family law attorney can work with you to create an agreement that fits your situation and provides you with peace of mind about your financial security. At the Law Offices of Benita Ventresca, we can answer your questions about postnuptial agreements and make sure your agreement is legally enforceable. Contact our Los Gatos, CA postmarital agreements lawyer today at 408-395-8822 to schedule a free initial consultation. The Law Offices of Benita Ventresca are located in downtown Los Gatos and serve Santa Clara County including Saratoga, Cupertino, Palo Alto, Campbell and Mountain View.

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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Call us for a free initial consultation

408-395-8822
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Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

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