Get the Facts About What Can and Cannot Be Included in a Postnuptial Agreement in California
Posted on: June 10, 2019
Prenuptial agreements are good options for couples to get their finances sorted out before they get married, but a postnuptial agreement can do many of the same things after the couple is married. When a postnuptial agreement is created and signed, it gives both members of the marriage more control over their accedes and how an impending divorce will go, rather than waiting for the courts to decide.
It is generally true that the court gives wide latitude for couples to include what they would like to include in their own postnuptial agreement. That said, there are some limits. Keep reading to find out what is not allowed in a postnuptial agreement, then contact Law Office of Michael L. Fell at (949) 585-9055 if you have questions or want to set up a consultation with an experienced family law attorney.
Child Support Decisions Can Not Be Decided in a Postnuptial Agreement
Custody battles are often the worst part of a divorce. Unfortunately, child custody agreements cannot be part of a postnuptial agreement. This is because the facts at the time of the postnuptial agreement will not necessarily be the same facts at the time of the divorce. The court only cares about the best interest of the child and they will consider what is in the best interest of the child at the time the couple divorces.
You Cannot Include Sex-Based Agreements
If a postnuptial has any type of sex-based agreement, such as details on trading sex for other benefits, it will generally not be enforceable. First, it is not legal in California to exchange sex for favors or money. Second, the court has no way to force a person to have or abstain from sex. The exception to this rule is that an infidelity clause may be included. It may state that if one or both parties are unfaithful, the division of assets is affected. These are generally enforceable.
You Cannot Include Any Agreement That Goes Against Public Policy
When we discuss something that “goes against public policy,” we are discussing something that hurts the interest of the public as a whole. One example would be any agreement that would likely lead to physical injury, or that would affect the court process. Anything that would affect the ability to have a fair hearing, due process, or affects criminal law would not be enforceable.
Call Us Now with Questions About Particular Items to Include or Exclude from Postnuptial Agreements
If you are considering a postnuptial agreement and have questions about what can be included, or you want to work with an experienced family law attorney, we encourage you to contact Law Office of Michael L. Fell at (949) 585-9055 to get started right away.
