On the other hand, a post-uptial agreement deals with the welfare of the spouses. The well-being of parents is not always the same as the well-being of children, especially in highly emotional situations where parents do not think clearly. Alimony / Spouse support, however, is often addressed in post-uptial agreements. A post-marriage agreement is basically the same as a marriage agreement, except that you and your spouse enter it after you and your spouse have already married instead of getting married. In a post-uptial agreement, you and your spouse reveal from each other all the money and property you currently own, both separate property and marital property. Then you set out the rights and obligations that each of you will have during the marriage, including how you will share your money and property in the event of divorce or death of any of you. Post-family agreements may not include child custody agreements or assistance to minor children of marriage. The court will determine custody of the children on the basis of what is in the best interests of the children at the time of the divorce. Custody of the children is determined in accordance with state guidelines, based on the financial situation of the parties at the time of divorce. A post-marriage agreement cannot require certain behaviors of spouses, such as the frequency of sexual intimacy or tasks around the home. Courts tend to consider a post-marital agreement more specifically than a marriage agreement because of this enhanced trust obligation, and a poorly drafted agreement may be struck down by the court.
A court may authorize a diktat agreement for spousal division and spousal support if the judge finds that full disclosure has been made, that each spouse has signed freely and voluntarily, and that both parties have had the assistance of a lawyer. Some conditions will inevitably invalidate a post-nuptial agreement. These are the most common: if spouses in California divorce, a court must decide what the commons are. In the absence of a contrary agreement, the courts consider that all income and income acquired during the marriage are common property, which is subject to a 50/50 division between the spouses. California is a communal state. This means that in the absence of an agreement to the contrary, all income acquired by the parties during the marriage is considered common property. Although New York law already defines the distribution of property if a marriage ends in divorce or death, the courts will recognize a valid post-uptial agreement that may differ from how New York law would divide property.