Many couples draft prenuptial agreements before marriage in an effort to protect their assets from a potential future divorce. That being said, if you are already married, you may be wondering if you can sign such an agreement. While you may no longer draft a prenuptial agreement, you can still draft a postnuptial agreement, which largely serves the same purpose. Please continue reading and speak with our experienced California divorce attorney to learn more about postnuptial agreements in California and how our firm can help you draft one. Here are some of the questions you may have:
What assets can be protected in postnuptial agreements?
Fortunately, spouses can protect a wide array of their assets in a postnuptial agreement, not unlike in a prenuptial agreement. For example, spouses can protect their inheritances, death and retirement benefits, and more. Further, if you are a business owner, you may address what you want to happen with your business, should you ever get divorced. You may also outline various terms for future spousal support (alimony) should you ever get divorced. Finally, you can also outline what will happen with certain assets, such as your marital home, should you ever get divorced. Rather obviously, postnuptial agreements can be extremely valuable tools, which is why you should strongly consider drafting one.
How do I know if a postnuptial agreement is valid in California?
As with any legal document, a postnuptial agreement is virtually useless if the courts in California do not view it as valid and enforceable. Though you technically do not need an attorney to draft your postnuptial agreement, it is best that you do hire a knowledgeable California divorce attorney who can ensure that your agreement will be properly executed. For a postnuptial agreement to be considered valid and enforceable in the eyes of the law, it must meet the following standards:
- It must include full disclosure of all marital assets
- There must be no evidence of coercion or deceit into signing the document
- The agreement must be in writing
- The agreement must be notarized
- The agreement must have both parties signature
- The agreement must be transparent and fair to both parties
If you are looking to draft a postnuptial agreement, our firm is here to help. All you have to do is pick up the phone and give us a call today.
Contact our experienced Los Angeles firm
Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.
