Can I make a contract for specific terms in dividing assets in case of divorce or do I need a complete post nuptial agreement with all assets?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I make a contract for specific terms in dividing assets in case of divorce or do I need a complete post nuptial agreement with all assets?
My wife and I are considering divorce. She has agreed that if I pay off a loan that is solely in her name, in the event of a divorce, she will not seek half of any future royalties earned from ntellectual property created by me during the marriage. I need a contract to ensure that if I pay this loan off, she cannot change her mind and claim half of my royalties. A family member is helping with the loan and needs this assurance. Do I need a post nuptial agreement for this or will a simpler contract suffice?
Asked on August 13, 2012 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What you need is an attorney to draft the agreement and an attorney for her to review it - seperate from your attorney - to explain to her what she is giving up. I am sure that your state will allow a partial agreement for distribution of certain assets and that it will be binding. As long as she waives the rights after being fully explained them by an attorney looking out for her interests alone. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.