Legal Question in Family Law in California
My husband wants me to sign a post nuptial agreement by April 15th (he gave me this document about mid-March). I do not agree with the post nuptial and do not want to sign it. He keeps pressuring me to do so, and I feel like if I do not there will be a consequence. Is there any legal action he can take If I do not sign the post nuptial agreement by his specified date?
MORE INFO: We have been married for two years this month. We also have one child from this marriage, and one more on the way.
2 Answers from Attorneys
Well, he can file for dissolution of marriage, and then your community property, if any would be divided 50/50. But you could sign it and he could still divorce you, and then the question would be interpretation of the post nuptial agreement.
Mr. Roach is correct. The only legal action he can take if you refuse to sign is divorce you. You may also want to point out to him that by trying to force you to sign a post-nup, he may well be in violation of his fiduciary duty under the Family Code to put your interests equal to or above his own in all financial dealings. If he does file for divorce, plan to use that against him, since in cases where one spouse is urgently trying to force a post-nuptual agreement there are usually financial mis-deeds that they are trying to cover up.
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