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 8 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.


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