Legal Question in Family Law in California

Post-nuptial while divorce in motion

Is it legally possible to still write a post-nuptial agreement/contract while divorce papers have been filed and are in court? What would be the procedure?


Asked on 11/20/07, 2:00 am

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Post-nuptial while divorce in motion

After the divorce process is started the document would probably be a marital settlement agreement. A post nuptial agreement written after the divorce has been started may be determined to be invalid on the ground that is was written in the furtherance of a divorce. Such agreements are against public policy and are not enforceable.

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Answered on 12/02/07, 3:06 pm


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