Laguna Beach Postnuptial Agreement Lawyer

Laguna Beach Postnuptial Agreement Attorney

A postnuptial agreement, also called a marital agreement, is a legal contract in family law that is filed after marriage. It is a settlement agreement detailing actions to take place in the event of divorce or the death of a spouse. The agreement discloses all personal and business property, assets, and finances of both individuals. Gain the help of a Laguna Beach postnuptial agreement lawyer who can make sure this agreement is drafted correctly and thoroughly.

If done properly, this document overrides whatever differences the court may decide in how property/assets should be divided, among other legal determinations.

What Is Usually Included in a California Postnuptial Agreement?

Common terms within this legal contract are how the division of property and assets is to be carried out if divorce were to occur. It also encompasses a thorough listing of each spouse’s premarital assets/debts, investments, and debts/assets accrued thus far during the marriage.

Upon the death of one spouse, the agreement can also specify asset distributions and other legal issues. Terms protecting the inheritances of children and/or ensuring ongoing care for children from a previous relationship may also be detailed in this document.

It can also describe provisions for a stay-at-home spouse, agreed-upon terms for potential alimony/spousal support arrangements, pet ownership and care, and the handling of retirement/401k accounts.

Postnuptial agreements can also detail the specific responsibilities of each spouse during the course of the marriage, such as who’s to pay certain bills, how taxes are to be filed, bank account maintenance, or rules to follow when deciding on large purchases.

You may opt for the inclusion of a severability clause, which allows for a later discovered invalid section in the contract to have no effect over the rest of the document’s validity. It’s wise for this to be written by a family law attorney for the least likelihood of errors that may hinder the legality of the contract or lead to future disputes.

How to Ensure Your Postnuptial Is Legal in California

Your postnuptial agreement must be in writing to be valid; oral agreements alone are not legally acceptable. Additionally, the voluntary participation and uncoerced signatures of both spouses are required. If it is later found or can be argued that this necessary factor was not met, the entire document can be nullified.

The agreement is required to be composed of only unambiguous terms that are equitable and fair for both individuals. Due to the fiduciary responsibility California marriage laws impose on each spouse, they must approach the postnuptial agreement in good faith.

Lastly, the document must be notarized, often done by a postnuptial agreement attorney or other family lawyer in Laguna Beach, CA.

Why You and Your Spouse Might Want a Postnuptial Agreement

Choosing to have a postnuptial contract can have several benefits for you, your spouse, and your marriage. It outlines and separates in detail the often unclear, encompassing concept of “community property” under California law so that you and your partner know what is yours, what’s theirs, and what can be divided as assets belonging equally to you both.

These agreements also provide protection from each other’s debts while protecting your own assets and can help avoid the usual, sometimes messy, divorce settlement process. Postnuptials can also override previous terms outlined in prenuptial agreements. Once the courts approve of your new contract, it is deemed valid and enforceable by law.

Postnuptials aren’t just for married couples who mean to or expect divorce. The process can offer a sense of security by planning for the future and diminishing financial worries. Spouses can also include their responsibilities during the marriage, such as parental obligations.

Additionally, these agreements can be utilized for those who notice concerning habits from their spouse only after marriage or notice unhealthy habits developing (fiscally irresponsible, gambling, debt). A postnuptial agreement can protect you and your property down the line. They may also be amended or modified following significant changes such as alterations of your financial assets or the birth of a child.

Postnuptial Agreement Lawyer FAQs

Q: How Much Does a Postnuptial Agreement Cost in Orange County?

A: Costs can vary depending on how long, detailed, or complex the agreement document ends up being and the time needed for legal counsel to ensure an agreed-upon settlement. The average cost ranges from $1,000 to 3,000 or higher for more complicated cases. The average postnuptial agreement family law attorney costs to draft an agreement are around $1,150, and it costs around $325 to review a previously drafted prenuptial agreement.

Q: Are Postnuptial Agreements Enforceable in Orange County, California?

A: Yes, postnuptial agreements are fully enforceable if they satisfy all the criteria that are required. These requirements include approval by the courts of a notarized document that was willingly signed by both spouses and reflects clear and fair terms that each spouse fully chooses and agrees to participate in and uphold.

Q: What Cannot Be Included in a Postnuptial Agreement?

A: Postnuptial agreements cannot include terms involving child custody and support nor visitation rights. Even if the spouses agree to equitable enough terms, what may be right for the child years down the line may not reflect what was originally drafted as several factors can change, such as the parent’s income, residence, and general behavior. Including any terms to do with this area of prospective divorce may render the entire document invalid.

Q: How Long After Marriage Can You Do a Postnuptial Agreement?

A: In California, there is no time limit to create a postnuptial agreement. As long as it’s legally sound, it will be viewed as a valid contract regardless of how many years it’s been since your marriage. Most postnuptial agreements in Laguna Beach are done by couples who have been married for some years.

Approach Your Future Wisely, Seek Legal Counsel

Whether you’re unsure you want a postnuptial agreement or that it is right for you and your marriage, consult a qualified family law attorney at Quinn & Dworakowski, who can explain all the options available for your specific circumstances. We can consult with you by appointment about your unique family matter and help you make the right decisions for your family.