Law Offices of Makupson & Howard Articles Post-Marital Agreements in California

Post-Marital Agreements in California

By Makupson & Howard, P.C.  Sep. 16, 2011 2:39p

Although most people are familiar with pre-nuptial agreements, otherwise known as pre-marital agreements, not everyone is familiar with post-marital agreements. However, post-marital agreements are sometimes necessary as things change over time within a marriage. You and your spouse may find yourself in a situation where a post-marital agreement becomes important and a skilled Pasadena family law attorney with Makupson & Howard, P.C. can guide you through the process.

What are some reasons for a post-marital agreement?

Situations can arise where post-marital agreements are useful. Sometimes a post-marital agreement is needed to change the pre-marital agreement. Changes can be made; however, doing so requires the agreement of both spouses. Section 1614 of the California Family Law Code states: "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration."

Reasons for a post-marital agreement:

  • You and your spouse intended to create a pre-marital agreement, but did not get it completed before the marriage took place;
  • You and your spouse completed a pre-marital agreement, but decided to revoke it after the marriage has been entered into;
  • You and your spouse created a pre-marital agreement, but certain financial changes have occurred and both spouses agree that changes should be made to the pre-marital agreement;
  • You and your spouse may need to protect certain assets prior to a separation or divorce, or in preparation for a separation or divorce;
  • You and your spouse wish to make certain assignments of marital property upon the death of one spouse. These agreements typically involve the surviving spouse agreeing to waive their rights to a property that they would have otherwise legally inherited.

Whatever the reason you need a post-marital agreement, working with a lawyer highly skilled in this area of family law will help ensure that the process goes smoothly. A Pasadena family law attorney, such as one with Makupson & Howard, P.C., will be able to explain the nuances of post-marital agreements and make sure that you and your spouse are fully informed of your rights when it comes to these agreements. If you are thinking of entering into one of these agreements with your spouse, being fully informed can make a significant difference.

Life changes quickly. If you need a post-marital agreement in Pasadena, don't delay in contacting a Pasadena family law attorney as soon as possible.

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