Legal Question in Family Law in California
post-nupital agreement
me and my husband been married since i'm 18 and he is 20. right now we are 27 and 30. and we own a business together . hOwever i also own a car and about 100,000 thousand saving for myself. but my husband don't have any saving at all. he spent all on cars and other stuff. right now we have concern about our asset separate in case of divorce or separate in the future. because he mind move to another country.
i will love to sign a post-nuptial agreement between us to separate when we have now and what we will earn in the future as well.
please let me know how this can be proceed and how much will be fee and processing time. thanks.
hui ju cheng
1 Answer from Attorneys
Re: post-nupital agreement
The agreement to which you refer is called a transmutation agreement. Your husband would have to voluntarily agree to such an arrangement. There is a presumption of undue influence in such situtations, so your husband would need to be represented by his own counsel.