Postnuptial Agreements in California – An Overview
A majority of people know what a prenuptial agreement is, but a lesser-known agreement is a postnuptial agreement. These two types of agreements are very similar in that they are binding agreements that establish rules the couples must adhere to when it comes to their finances upon separation or death. The only difference between the two is when the agreement is signed. When the idea of entering into a contract before marriage is not the right decision for you or your partner, a postnuptial agreement can offer you the perfect solution. Working with a knowledgeable attorney can ensure the agreement is valid and legal in the State of California. The skilled attorneys at Milligan, Beswick, Levine & Knox, LLP can counsel you on making the decision that is best for you and your family.
The experienced family law attorneys at Milligan, Beswick, Levine & Knox, LLP understand that when it comes to property and assets, determining what is equitable can oftentimes be oftentimes challenging. A postnuptial agreement is a tool that can help spouses find comfort in the event of a separation, divorce, or death. To learn more about whether a postnuptial agreement is a right choice for you, consider scheduling a no-obligation consultation with the attorneys at Milligan, Beswick, Levine & Knox, LLP.
The Benefits of a Postnuptial Agreement
In the State of California, a postnuptial agreement is a binding document that provides legal protection for one or both of the spouses when it comes to their assets and finances in the event of a divorce. Upon divorce, if a postnuptial agreement was established, the terms agreed upon will preside over how the court will divide the couple’s assets and debts.
The postnuptial agreement will essentially cover the same issues a prenuptial agreement will. Instead, the postnuptial agreement will be entered into once the couple has already married. Postnuptial agreements can establish a variety of rules that must be followed should the parties divorce. Some of the issues raised in a postnuptial agreement include, but are not limited to: Pet care, Debts, Inheritance, Investments, Premarital assets, Spousal support or alimony, Child support or child custody, Asset and property division, Retirement and 401 (k) accounts, and Legal issues that may arise in the event of a sudden death.
Requirements for a Valid and Legal Postnuptial Agreement
The validity of a postnuptial agreement is critical in its functioning and working with an attorney can help ensure the agreement is valid when needed. In order for a postnuptial agreement to be valid in a court of law, the parties involved in the agreement will need to follow certain rules. To begin, neither spouse must have been coerced or forced into signing the contract. It is important that both parties enter into the arrangement by their own free will. Next, postnuptial agreements must be in writing, signed by both spouses, and they also must be notarized. Finally, the postnuptial agreement must be clearly understood by both parties, it must be transparent, and it must be fair.
Make an Informed Decision – Speak to a Knowledgeable Attorney Today
Postnuptial agreements may not always be right for couples in California. While the legal arrangement can provide peace of mind about the future, the decision of entering into a binding legal contract may bring about other issues when not created mindfully. To ensure the agreement is the right decision for you and to make sure it is a valid document, speak to a knowledgeable attorney who can guide you through the process.
The family law attorneys at Milligan, Beswick, Levine & Knox, LLP are exceptionally skilled in establishing legal prenuptial and postnuptial agreements. You can schedule a complimentary consultation with the firm to learn more about whether this type of arrangement is right for you. Consider contacting Milligan, Beswick, Levine & Knox, LLP to begin your legal paperwork today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.