Postnuptial Agreement Template With Child Support

State:
California
Control #:
CA-01713-AZ
Format:
Word; 
Rich Text
Instant download

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Description

The Postnuptial Agreement Template with Child Support provides a structured legal framework for couples in California to clarify and establish their respective rights regarding property, assets, and child support obligations following marriage or in case of divorce. This form includes critical sections on assets, debts, and support agreements, specifying how community and separate properties will be managed and divided. It emphasizes that both parties have a duty of support and must address child custody and support arrangements according to the child's best interests. Users of this template are guided through filling out and acknowledging their rights and obligations, as well as the advisement and waiver of independent counsel. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form beneficial for drafting enforceable agreements reflective of both parties' intent while adhering to California state laws. The template simplifies complex legal concepts, making it accessible to individuals without extensive legal training, and includes options for customization based on individual circumstances.
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How to fill out California Postnuptial Property Agreement?

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FAQ

Many couples assume they must hire a divorce lawyer to draw up a postnup, but this isn't necessarily true. If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves.

A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.

When writing a postnuptial agreement, you must provide the following information about both parties: The first party's name. The second party's name. Marriage date. The city and state where you were married. Your joint address. Information about existing children. ... Acknowledgment of full financial disclosure.

If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves. The main difference and largest advantage of writing your own postnup is saving money. In the simplest of situations, you could draft a postnup using a template found online.

Generally speaking, to make a postnuptial agreement valid, both parties' signatures need to be notarized. Some state laws may impose additional requirements, such as a requirement that the parties' signatures be witnessed.

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Postnuptial Agreement Template With Child Support