This Amendment to Postnuptial Property Agreement form is for use by parties to make amendments or additions to an existing postnuptial agreement. Both parties are required to sign the amendment in the presence of a notary public.
California Postnuptial Agreement With Infidelity Clause
State:
California
Control #:
CA-01715-AZ
Format:
Word;
Rich Text
Instant download
Description
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How to fill out California Amendment To Postnuptial Property Agreement?
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FAQ
Does Infidelity Violate a Prenup in California? In the state of California, infidelity clauses are unenforceable. In general, divorces in California are considered no-fault divorces, meaning a spouse cannot be penalized for infidelity in typical cases.
Prenuptial agreements are entered into before marriage, and they are presumed valid without court approval so long as they comply with California prenuptial agreement law. Postnuptial agreements, however, are not presumed valid until the court has approved them.
Challenging an Infidelity Clause While California courts do enforce infidelity clauses, many aggrieved spouses run into trouble when it comes to defining and proving adultery.
Requirements for a Valid Postnuptial Agreement First, neither party must have been forced or coerced into signing the agreement; both parties must sign of their own free will. Second, the agreement must be in writing, have the signatures of both parties and be notarized.
Infidelity clauses are likely binding, although Missouri appellate courts have never ruled upon them. Like prenuptial agreements themselves, they are contractual agreements entered into by the two parties and are usually found enforceable in most states, if done right.
