The idea of a postnuptial agreement might seem strange to some couples. However, these contracts do not necessarily mean a loss of trust in the marriage. Postnuptial agreements are primarily for couples that experience changing circumstances that make a legal contract necessary.
California recognizes postnuptial agreements, but there is no specific legislature guiding them. Instead, the laws for a postnuptial fall under California Contract Law. If you believe your marriage might benefit from a postnuptial agreement, continue reading for three reasons they become necessary.
1. Children outside the marriage
Children from a previous marriage make post-nuptials almost a necessity if you neglect a prenuptial agreement. Unless you are not concerned with how the state disperses your property after your death, post-nuptials help clarify how intestate succession works. They do not take the place of a will, however.
2. Running a business
Owning a business makes the prospect of divorce much more serious. Without a marriage agreement, you might have to pay your ex-spouse a share of the profits in perpetuity. Avoiding a marriage contract also can force you to sell your business in the event of divorce, either from a court order or to pay legal fees.
3. Sudden inheritances
Unexpected inheritances might make a postnuptial agreement much more attractive. If you want to hold onto the property bequeathed to you from a relative, postnuptial agreements help guarantee that will happen.
Sometimes people change their minds. Maybe it was too awkward to bring up, or you came into some wealth. Regardless of the reason, it is often easier to discuss a contract after the wedding than before.