When parties enter into a postnuptial agreement, they are required to fully disclose and clearly describe all information, including debts and assets, that will be included in the agreement. Just as a prenup, a postnup dictates what will happen if the couple decides to divorce.
Postnups may dictate property division, spousal support terms, business ownership issues, attorneys’ fees and can also settle issues surrounding the couple’s children, such as living arrangements, but by law, cannot include provisions waiving child support.
In the event that one spouse did not fully disclose and clearly describe all of the assets and debts, the agreement can be challenged and possibly voided. Also the parties cannot be coerced or deceived into signing a postnup. Such an action will cause the agreement to be deemed void if successfully challenged.
Getting Legal Help
Experienced Sacramento Family Law Attorney Hal Bartholomew can help you navigate your divorce and child custody issues with respect and compassion. Contact Bartholomew & Wasznicky LLP today for knowledgeable and respectful representation. Call us at (916) 546-4393 or email us at info@DivorceWithRespect.com