Divorce is a challenging issue for all those who experience it. Fortunately, by drafting a prenuptial or postnuptial agreement, you can make the process far easier, as these documents give you the right to certain assets in the event of a divorce. Please continue reading and reach out to our experienced Los Angeles divorce attorneys to learn more about the difference between prenuptial and postnuptial agreements and how they may benefit you. Here are some of the questions you may have:
What is a postnuptial agreement and how is it different from a prenuptial agreement?
Largely, there is not a significant difference between the function of a prenuptial agreement or a postnuptial agreement. The only difference, as the name implies, is that a prenuptial agreement is drafted before a couple is married, while a postnuptial agreement is drafted after a couple is married. Some of the terms you can outline in a postnuptial or prenuptial agreement are as follows:
- Your wishes for future spousal support terms, should you get divorced
- You can claim certain assets, such as real estate you own, vehicles you own, and other assets
- You can state what you want to happen with your inheritance
- You can declare what will happen with certain death or retirement benefits
- If you own a business, you can state what will happen with your business and its profits in the event of a divorce
Both prenuptial and postnuptial agreements are incredibly useful, which is why more and more people are drafting them with their partners in today’s day and age.
How do I know if my postnuptial agreement is valid?
As with all other legal documents, a prenuptial or postnuptial agreement is only considered valid and enforceable if it meets certain criteria. The criteria for valid and enforceable postnuptial agreements here in the state of California is as follows:
- The postnuptial agreement must be in writing
- Both spouses must sign the postnuptial agreement
- The postnuptial agreement must be notarized
- The postnuptial agreement must be transparent and fair to both parties signing it
- The postnuptial agreement must be signed without evidence of coercion or deceit
- The postnuptial agreement must include full disclosure of assets
If you have any additional questions or you are ready to get started, simply 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.