While many people are familiar with marital agreements, not so many of them have heard of post-uptial chords. These are similar to the nature of marital agreements, unless they are concluded after marriage. Post-ascending agreements are also concluded if the couple is expected to separate or divorce. Spouses can use them to share assets and thus avoid this step in the divorce process. If the spouses divorce in California, it is up to a court to decide what the commons are. In the absence of a contrary agreement, the courts consider that all income and income acquired during the marriage are common property, which is subject to a 50/50 division between the spouses. A marital agreement is a contract between two persons close to the marriage that clarifies the distribution of property in the event of divorce or death. Such agreements may be very different, but as a general rule, the content contains provisions relating to the division of ownership and assistance to the spouse in the event of divorce or adultery. They may also contain conditions forfeiture of assets following a divorce for adultery; Other guardianship conditions may also be included.
Marriage and post contracts can help spouses anticipate a most pessimistic scenario for their marriage. But if they are not designed and executed properly, they only serve to complicate matters. Special precautions should be taken with regard to post-ascending agreements, as they are not automatically considered valid. At Boyd Law, our post-nuptial lawyers in Los Angeles are very attentive to the goals, needs and circumstances of each of our clients in the development, trial and trial of these important agreements. Some cases of post-marriage agreements in Los Angeles involve spouses who might go through marital problems, but would be willing to try to do so when they feel that their property is protected. If both parties reach an agreement, a post-marital agreement is an excellent way to preserve marriage while having these individual interests recognized. Although New York law already defines the distribution of property if a marriage ends in divorce or death, the courts will recognize a valid post-uptial agreement that may differ from how New York law would divide property. The post-uptial agreement takes control of your property and fortune away from the state and puts it in the hands of you and your spouse. While post-puptial agreements are considered enforceable, you or your spouse may challenge the validity of a post-puptial agreement for certain reasons, including: Post-upstream agreements must be negotiated and developed with the diligence of an experienced lawyer.
Under California law, married persons have the greatest obligation of loyalty to each other, so that in financial transactions, each must act towards the other, as an agent would do with respect to a beneficiary.