Aug. 14, 2002

Prenuptial Agreement Statutes Don't Cover Postnuptial Pacts

Focus Column - By Mitchell A. Jacobs and David L. Marcus - In a recent case, a wife's insistence on a postnuptial agreement came back to haunt her. The court in In re Marriage of Friedman, 2002 Cal.App.LEXIS 4392 (July 17, 2002), upheld a postnuptial agreement that provided that each party's business would be his or her separate property. The wife originally insisted on the agreement, but, during the marriage, the husband started a business that grew into a valuable asset.