Postnuptial Agreement Template With Child Support

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

Description

This Postnuptial Property Agreement is made with the intent to define and specify the respective and collective rights of the parties in the separate and joint property of the parties. The parties acknowledge that they were given the opportunity to consult with an attorney of their choice licensed to practice law in their state (not the same attorney) during the negotiations of the agreement and that they understand the legal consequences of the agreement.
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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