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Can a postnuptial agreement resolve marital issues?

It is not uncommon for issues that were not anticipated before a marriage to develop during the marriage. Even if a couple signed a prenuptial agreement, the matters causing contention during the marriage might have been addressed at that time. California couples may have heard that drafting a voluntary postnuptial agreement to deal with such matters could provide marital harmony.

When one spouse experiences substantial financial changes, it may lead to financial disagreements and cause excessive strain on the marriage. When significant financial changes take place -- such as an inheritance or successful business venture -- couples may want to protect their interests and create clear directives on how this will be handled in the event of a divorce or death. In addition to financial matters, a postnuptial agreement can address many other issues, including matters related to the responsibilities of each spouse in relation to child care and chores.

Postnuptial agreements have even been known to serve as a method of controlling unacceptable behavior such as excessive spending or adultery. In short, they can be used to resolve any marital issues. However, for a postnuptial agreement to hold up in court, there are legalities that could be best handled by a legal professional. In fact, it is required that each spouse has a legal representative when the agreement is signed.

Other legal requirements are similar to those of a prenuptial agreement. These include full asset disclosure, fairness to both parties and no signs of duress or coercion. Laws related to a postnuptial agreement may vary from state to state, and a divorce attorney will ensure the legality of the document. California couples that want to address contentious issues and proceed without marital conflict may benefit from visiting our marriage agreements website.

Source: marriage.about.com, "Postnuptial Agreements for Promoting Harmony in Marriage", Sheri Stritof, Oct. 11, 2014

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
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