Postnuptial Agreement in CA

[tl421]

What is the name of your state? CA

My husband and I have been married for almost 9 years and we have two lovely children (1 and 3 years old). 2 weeks ago (yes, right after Christmas), I found out that he had an affair for 3 months with another woman in his school project. He called that woman in front of me and told her they need to stop their relationship. He pleaded for my forgiveness. To show his sincerity that he always only loves me and never thought about leaving me, he agreed to sign a postnuptial agreement to put the house (70% equity and 30% loan based on current market value) and 80% of his stocks/options (they are both owned jointly right now) under our children’s and my names. Everything else will be evenly split, including the child support, if we ever get divorced because of his new affair,

I have decided to forgive him and am trying to regain the trust in him. However, I think it is a good protection for our kids and myself to get such postnuptial agreement done the way he proposed. Here are my questions:

1. Is it really necessary to get two lawyers, one for each party, to have this postnuptial agreement valid in CA? If yes, can some one tell me roughly how much are we looking at combined?
2. Can I create the agreement online?

Thanks for your opinion.

[seniorjudge]

Q: Is it really necessary to get two lawyers, one for each party, to have this postnuptial agreement valid in CA?

A: Yes; a lawyer may ethically represent only one party.



Q: If yes, can some one tell me roughly how much are we looking at combined?

A: Ask the lawyers y'all want to hire.



Q: Can I create the agreement online?

A: Yes, if you don't care if it is done right and the property and kids are not important to you.

[Ohiogal]

and most states ONLY uphold a postnuptial called a Separation Agreement which is made part of a divorce filing and signed by a judge.