POSTNUPTIAL AGREEMENTS

A husband and wife may enter into any transaction with the other, respecting property, which either might have entered into if unmarried, if there are no creditors whose rights would be prejudicially affected and this is commonly called a “postnuptial agreement.” This can only be done with respect to property ownership and classification between the husband and wife.

A husband and wife cannot, by a contract with each other, change their legal relations, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation or upon dissolution of their marriage.

Certain types of contracts after marriage are not valid. A contract that gives immunity for any consequences for any wrongdoing inflicted by a spouse is invalid. For example, an agreement between spouses that says a husband cannot be sued by the wife if he steals money from her is not a valid contract. Additionally, a contract that considers a spouse’s liability for a wrongdoing and provides a certain remedy for the wrongdoing in the contract (using the above example, if the contract states that “if the husband does steal money from wife, then he must give her $100”) is also never going to be valid, whether entered into before or after the marriage. Also, a contract between spouses that encourages a divorce or provides an incentive for getting a divorce is always going to be invalid.

A contract entered into between a husband and wife, providing for payment of liquidated damages in the event one of them was sexually unfaithful to the other, was unenforceable because of the elimination of the fault theory of divorce in California. The contract provided that damages were payable over and above any property settlement or support obligations to penalize the spouse as a result of his or her “fault” during the marriage in causing the other spouse’s emotional angst. Diosdado v. Diosdado, 97 Cal. App. 4th 470

Why You Need A Divorce Lawyer To Help You With Your Postnuptial Agreement

Postnuptial agreements, along with prenuptial agreements, are very difficult to handle. That’s why it’s important you hire an experienced divorce lawyer to assist you on your case. Recently, Frank and Jamie McCourt, owners of the Los Angeles Dodgers, ran into a similar problem when they made a postnuptial agreement regarding ownership of the Los Angeles Dodgers. Although they continue fighting in their case, you don’t have to. Give us a call for a free consultation and we’ll be glad to guide you through a postnuptial agreement. Call us now at (626) 799-9375.