Creating a post-up agreement has no time limit. As long as your agreement complies with California`s legal requirements, the courts will consider them valid, regardless of the length of your marriage. Indeed, post-uptial agreements are most common among couples who have been married for years, because they better understand how much each party has to win or lose. Given the increase in post-up agreements, it is important to consider whether this type of agreement would work in your situation. A post-20th-of-the-year agreement is useful if you and your spouse are considering divorce or separation, a spouse has recently acquired significant assets, or your spouse`s behaviour has changed dramatically and you want to protect your property. Application of the contract It must be written, it must be accepted voluntarily, it must provide full disclosure and it must be carried out by both parties. Once all these elements are established, a post-uptial agreement is legally binding in the event of a divorce or the death of a spouse. Post-ascending agreements usually discuss the following: Who owns your business after a marriage? If you own a business or open it after your marriage, this agreement can help you indicate whether or not your spouse is entitled to a portion of that transaction. If you start to notice habits that you fear, your fortune could endanger in the future, as your spouse begins to get into debt or develop a gambling addiction, you could initiate a post-marriage agreement to protect himself later. You can also create a post-uptial agreement if your financial assets change significantly, z.B. if you create a new business that starts up.
If you and your spouse have a child, this may also be a reason to reconsider the idea of a post-uptial agreement. Custody and support for children should be established at the time of divorce, taking into account the welfare of the minor child. When spouses enter into a post-marital arrangement during their marriage, it is impossible to know what their situation and the well-being of their children will be in a hypothetical future divorce scenario. Written agreements must be concluded (oral agreements are not applicable). The document must be signed by both spouses and notarized. The document must have been signed voluntarily. The post-uptial agreement must be fair.