Postnuptial Agreement Template - California

How to Get a Postnuptial Agreement in California?

While every document of this kind is unique due to the different preferences and priorities of married couples, here are some tips that will allow you to draft an effective California Postnuptial Agreement Form, no matter its contents:

1. If you have kids together, it is recommended to establish how much money the primary custodial parent will be entitled to after you are divorced . You may also figure out the visitation rights and agree to open an account in your child's name to ensure their financial well-being even if later you and your spouse decide to part ways.
2. Explain what kind of financial support one or both spouses may count on during the marriage and after its permanent dissolution . You are free to agree on a certain amount of money a spouse receives whether they agreed to assume the responsibilities of the homemaker, carry out most of the parental duties, or will find themselves in a more vulnerable financial position once the divorce is finalized.
3. Elaborate on the distribution of property and assets acquired during the marriage . The text of the document should describe what will happen to the matrimonial property - besides, one of the spouses may promise they will give up certain assets in favor of the other to secure a divorce mutually beneficial for both parties.
4. Since one of the main California Postnuptial Agreement requirements is the obligatory disclosure of all the assets and financial liabilities of the spouses, make sure you devote a section of the contract to these details - provide information about the personal and real property you own, stocks, bank accounts, and businesses.
5. Indicate which circumstances will terminate the agreement . One of the main reasons to compose a contract like that is to protect the interests of the parties in the event of divorce; however, if a spouse commits adultery, for example, and it will be proven during the divorce proceedings, they will lose the right to receive spousal support and other privileges previously guaranteed in writing.
6. Look over all the drafts of the contract, find common ground on challenging issues, and sign the papers . Note that to be deemed legally enforceable, a Postnuptial Agreement in California has to be acknowledged by a notary public - the notary seal will confirm the parties have reached a mutual understanding without duress or deception.

Haven't found the template you're looking for? Take a look at the related templates below:

• Prenuptial Agreement Template;
• Marriage Affidavit Template;
• Divorce Agreement Template.