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hello carla hartley here today i am continuing our discussion of exit strategies and today's discussion is about the post-nuptial agreement [Music] is a post-nuptial agreement other than the fact that i would say it is a loud and clear signal that your marriage is headed towards the rocky shoals of divorce a post-nuptial agreement is an agreement the parties enter into after they're married and in that document they commit to the terms under which the community estate and their marriage will be dissolved i want to compare this to a prenuptial agreement because it's an obvious an obvious comparison a prenuptial agreement is one under many circumstances easier to set aside than a post-nuptial agreement as counterintuitive as that is and two a prenuptial agreement is for the most part not assuming for sure we're going to get a divorce the prenuptial agreement does say that in the event of a dissolution your separate property remains your separate property and the other side separate property remains their separate property and a lot of times we'll see we'll see things in a prenuptial agreement that will talk about who's paying for what during the marriage and we'll see other things that are committing to the the terms that the party's incomes earned during their marriage and the things that each party purchases with that income during marriage will remain separate property that's not what we see in most post-nuptial agreements most post-nuptial agreements are basically in the event of a dissolution this is what we're doing with our kids and the event of a dissolution of marriage this is what we're going to do with our house we're going to sell it he gets it she gets it um deed it to the kids that's that's not so common but but it's the disposition of property and i have seen i have seen post-nuptial agreements that were so obviously prepared with actually i've never seen one that was not obviously prepared with the end goal of dissolution of marriage in mind and the inequities that people agree to perpetrate upon themselves in these post-nuptial agreements are truly truly staggering i have seen post-nuptial agreements that we've we've we've challenged and some successfully some not in which the the the party who has the the lesser earning ability and the the lesser estate has has simply agreed that most of the community acquired during marriage with the other side's money which is community income is going to go to the other side in the event of a dissolution they're basically rewriting the law to do away with community property laws in the state of california or in the state of texas wherever you may be so the post-nuptial agreement is one of the largest largest signs that you should have that you have an exit strategy being prepared by the other side now why would you ask for a post-nuptial agreement well for the same reasons that the other side...