Postnuptial Agreement Attorney Orange County

A postnuptial agreement is a written contract signed by both partners after they get married. It allows them to settle their affairs and assets in case their relationship ends in a legal separation or divorce. The postnuptial agreement works in the same manner as a prenuptial agreement; it is signed and agreed upon after the wedding but before a separation, divorce, or death. 

The United States has the 6th highest divorce rate globally, with almost 50% of all marriages eventually ending in some type of legal separation or divorce; however, former couples might find postnuptial agreements beneficial.

The Benefits of Postnuptial Agreements

Postnuptial agreements are now used for a wide variety of marital issues. Although a postnuptial agreement is not mandatory for families, it can resolve many marital issues in advance. They can help you solve any potential future disputes over children, inheritances, assets, or finances. Some of the benefits of postnuptial agreements include:

• Better timing. For many reasons, a postnuptial agreement is easier to be discussed than a prenuptial agreement. Rather than choosing to bring this difficult process before your marriage starts, you can ease into this subject after your wedding.
• It serves as protection. If you are worried about infidelity, a postnuptial agreement may serve as a form of protection, outlining the consequences of being unfaithful to your spouse. 
• Division of assets. A postnuptial agreement can serve as a formal division of assets, allowing both of you to spend money without affecting one another. 
• New partnerships or businesses. When you start a new business or partnership, the other partners may ask you or your spouse to sign a postnuptial agreement stating that a claim cannot be made on the business in the event of separation. 

Postnuptial Agreements In Orange County

Both prenuptial and postnuptial agreements serve the important purpose of protecting your assets, regardless of whether or not it’s your first marriage. Before entering into a postnuptial agreement in Orange County, here are some things you may want to consider:

1. The postnuptial agreement must always be in writing. In the state of California, postnuptial agreements are required to be in written form. Although verbal agreements may be acceptable in other situations, it is critical to put your postnuptial agreement in writing to prevent trouble in the future. 
2. The couple should be represented by separate lawyers. It is highly recommended that each spouse receive separate legal counsel, which increases the chances of the agreement being enforceable in the future. 
3. You will have a fiduciary duty. Compared to a prenuptial agreement, in a postnuptial agreement, you are asked by law to act in your spouse’s best interest and reveal all your assets and debts. By failing to act in good faith, your postnuptial agreement could be voided later on. 
4. The waiting period is shorter. While a prenuptial agreement usually requires a seven-day waiting period, a postnuptial agreement can be resolved in several hours. However, it is not suggested to expedite this process.
5. Always read the postnuptial agreement carefully. If your spouse’s Orange County lawyer has set up a postnuptial agreement for you to sign, make sure to read it carefully and review the accord with your postnuptial agreement lawyer. You can’t get out of a postnuptial agreement by claiming that you haven’t read it. 

Family Law in Orange County, California

Under California law, the state’s divorce courts will honor formal postnuptial agreements, but it places some restrictions on those agreements. The legal term for a postnup in California is a ‘postmarital agreement’. It is only valid if both partners voluntarily agree to it after full disclosure of all of their debts and assets.

According to California Family Law, ‘The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement.‘ California divorce courts will not apply any postnuptial agreements that try to limit or restrict child support in any way. California family law states that a child’s right to have support from both parents is considered a fundamental principle. 

In a postnuptial agreement, a wealthier spouse may try to avoid splitting the family business and use the agreement to protect their income and assets. A lower-earning spouse may receive less alimony or property if they sign a postnuptial agreement instead of taking the case to trial. In such cases, you could ask the court to set the postnuptial agreement aside. Then the judge will determine if the agreement is unfair compared to what the court would have done without the agreement in place. If a California judge determines that the postnuptial agreement is unfair, it means that it is invalid and cannot be enforced.

How a Postnuptial Agreement Attorney in Orange County Can Help You

Whether you want to prepare a postnuptial agreement in Orange County, or your spouse’s attorney has set up a postnuptial agreement for you to sign, you should always consider getting legal advice from a postnuptial agreement attorney. You cannot rely on the word of your spouse’s lawyer, as there is a conflict of interest. 

You should always think about the future, so if you are already married and want to consider a postnuptial agreement, look no further than the family law attorney at Kaufman Steinberg LLP. Our attorneys have years of experience in drafting postnuptial agreements and will advise you on whether one is right for you. Contact us for a free consultation at 949-757-9000.