In California, parties participating in a post-employment agreement must follow certain rules in order for the document to be valid in court. It is important to design and sign a post-ascendancy agreement with the help of a lawyer to ensure its validity after you and your spouse divorce or after the death of your spouse. First, neither party was coerced or forced to sign the agreement; Both parties must sign their free will. Second, the agreement must be written, the signatures of both parties and the notarized certification. Third, the agreement must be clear, transparent and fair. Many couples in California have heard of marital arrangements and even thought before getting married. However, many people are not so familiar with post-uptial agreements and how they are used, which is regulated under California Family Code Section 1500. Marital agreements are made before marriage, which specify the separate assets of each term spouse, the division of property in the event of divorce, spousal assistance and other conditions that the parties may enshrine in the agreement. According to a 2015 American Academy of Matrimonial Lawyers survey, post-uptial agreements are multiplying. But that doesn`t mean they`re made for every couple.
Another reason why a post-marital agreement may be necessary is that a spouse`s estate changes significantly during the marriage. If z.B. a large inheritance is suddenly transferred to one of the spouses, they can ensure, in a most favourable agreement, that it remains a separate property. In California, heredation is generally considered a separate property, but there are exceptions. After years of marriage, it can be difficult to properly assess the inheritance if it was, for example. B, grouped into joint wedding accounts. Some couples opt for a post-uptial agreement if they think their spouse is behaving recklessly or getting out of control. Such an agreement can reconcile a spouse`s behaviour and protect the vulnerable spouse in cases where the financial security of that spouse is compromised. Since married parties owe each other the highest legal obligation with respect to their respective fiduciary obligations (family code, sections 720 and 721), they must deal with all the circumstances of the marriage and all the circumstances that the community (i.e. the couple) has acquired from the date of marriage to the date of the agreement. , whether it is assets, debts or bonds of any kind.
, be fully aware.