Post-nuptial agreements were not widely accepted until the second half of the 20th century in the United States. Before that, American jurisprudence followed the idea that contracts, such as. B post-nuptial conventions, could not be valid if they were performed between a husband and a wife. A couple`s inability to bind was due to the concept of conjugal unity: at the time of marriage, the spouse and wife became a unit or a person. [4] [5] Since a contract with oneself cannot be entered into, a post-uptial agreement would therefore be null and void. To say that an agreement is against « public policies » means that it undermines an important interest in the courts or for public opinion as a whole. For example, agreements that lead to assaults or disrupt court proceedings, fair hearings, proper procedures or criminal law would be wrong, so the court will not enforce them. Before the marriage, if a party does not like, the provisions contained in the proposed marriage arrangement and the couple is not able to reach an agreement, they may simply decide not to marry. With a post-uptial agreement, the couple is already legally bound and the spouses owe themselves a duty of trust. There is a concern that the provisions of a post-uptial agreement were not negotiated because a spouse had little choice but to sign the agreement.
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. If you are considering a post-uptial agreement, talk to a lawyer about what you can and cannot include in the agreement. Some things you think you can control, like child care, are blocked by post-nuptials. It is important to talk to a lawyer about your case before writing or singing a prenup or post-nup in California. For free legal advice on your case, call our Ventura family lawyers at Bamieh and De Smeth law firms today at (805) 585-5056. A post-marriage agreement is basically the same as a marriage agreement, except that you and your spouse enter it after you and your spouse have already married instead of getting married. In a post-uptial agreement, you and your spouse reveal from each other all the money and property you currently own, both separate property and marital property.
Then you set out the rights and obligations that each of you will have during the marriage, including how you will share your money and property in the event of divorce or death of any of you.