Postnuptial Agreement
Due to the ever-rising number of divorces in the United States and the intense media scrutiny surrounding celebrity marriages and splits, prenuptial agreements, or “prenups,” have risen to prominence in the public eye. These legally-binding contracts are signed before marriage and typically outline the provisions for property division and custody rights in the event of a future divorce.
However, comparatively few people have experience with or knowledge of the postnuptial agreement. The most significant difference between these two types of contracts is fairly straightforward – a postnuptial agreement deals with most of the same issues as a prenup, with the exception of being signed after the marriage rather than before.
What Goes into A Postnup?
A postnuptial agreement follows the same basic principles as most legally-binding contracts in the United States, including elements of offering, acceptance, consideration, mutual assent, legality, and capacity. However, a postnup addresses some additional points as well, including:
- The necessity that the agreement be in writing
- A requirement of voluntary execution
- Full disclosure (basically a legal term for honesty in assessing assets, debts, and similar concerns)
- Authorization by a notary public
Interestingly, postnups were not considered a valid legal document until the 1970s, as commonly-held doctrines up until that time saw the union between husband and wife and essentially merging the two individuals into one.
Contact Us
For more information on whether a postnup might be right for you, and for all your questions concerning the legal intricacies of marriage and divorce, contact an experienced San Jose divorce lawyer at the Law Office of Daniel Jensen, P.C., today by calling 408-296-4100.
