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