Los Angeles Postnuptial Agreement Attorney

Guiding Clients from Beginning to End

Similar to a prenuptial agreement, a postnuptial agreement enables a couple to protect separate assets they may have accumulated over the course of their marriage. Many couples who opt for postnuptial agreements have accumulated a considerable amount of wealth or property over the duration of their marriages that they wish to protect.

Before deciding to enter into a postnuptial agreement, there are several things that should be discussed between the couple. An open discussion about the following will help you better prepare to speak with your attorney about a postnuptial agreement.

You and your spouse take the following steps in creating a postnuptial agreement:

• Discuss all of your separate & mutual assets and debts.
• Discuss the current financial status of your relationship including spending habits, roles and responsibilities, and any concerns you have over money matters.
• Be open and honest about your assumptions and expectations of how property would be handled in the event of death or divorce.
• Revisit the contract periodically, especially if your lifestyle or financial status changes drastically.

If you are already married but are interested in protect your financial future and the future of your children, you should speak with a Los Angeles postnuptial agreement attorney about creating a postnuptial agreement. Reach out online or call now - (310) 817-6904

What is a Postnuptial Agreement?

A postnuptial agreement is similar to a prenuptial agreement, but unlike a prenup, it is signed after the marriage has already taken place. This agreement outlines how the couple will handle various aspects of their marriage, including property distribution and spousal support, in the event of separation, divorce, or death. 

Postnuptial agreements can address many issues, including:

• Asset and debt division: This includes how property and debts acquired during the marriage will be divided.
• Spousal support: It outlines whether one spouse will be entitled to alimony in the event of divorce.
• Estate planning: A postnuptial agreement may specify how assets will be distributed in the event of a spouse’s death.
• Inheritance rights: It can address how family assets or businesses will be handled.
• Business interests: If either spouse owns a business, the agreement can detail how the business will be managed or divided.

By establishing these terms in advance, couples can avoid costly litigation and conflict in the event of divorce or separation.

Why Might You Consider a Postnuptial Agreement?

Couples in Los Angeles often consider postnuptial agreements for various reasons, seeking clarity and security in their marriage. One primary motivation is to address changes in financial circumstances. Whether one spouse receives a significant inheritance, a lucrative promotion, or decides to start a new business, a postnuptial agreement can delineate how these assets are managed and divided. This preemptive step helps avoid potential conflicts and misunderstandings down the line.

Additionally, postnuptial agreements are invaluable for couples blending families. When one or both spouses have children from previous relationships, a postnuptial agreement can clearly outline the financial responsibilities and inheritance plans for each child. This foresight ensures that all family members are treated fairly and that the couple's intentions are legally recognized.

For couples considering significant lifestyle changes, such as one spouse leaving the workforce to care for children or pursue education, a postnuptial agreement offers essential financial protection. It can stipulate how assets and income will be managed during this transition, safeguarding the interests of both spouses.

Finally, while Los Angeles is known for its diverse and dynamic lifestyle, it is also a community where individuals value planning and preparedness. A postnuptial agreement reflects this mindset, allowing couples to proactively manage their affairs and reduce the potential for future disputes.

Key Considerations When Drafting a Postnuptial Agreement

When creating a postnuptial agreement in California, several important factors should be considered:

• Full Financial Disclosure: Both spouses must fully disclose their financial situation, including assets, debts, income, and expenses. Failure to provide complete information may result in the agreement being invalid.
• Voluntary Agreement: Both parties must voluntarily agree to the terms of the postnuptial agreement. If one spouse is forced, coerced, or threatened into signing, the agreement may be challenged in court.
• Fair and Reasonable Terms: The terms of the postnuptial agreement must be fair and reasonable. Courts may reject an agreement if it is determined to be unconscionable, meaning it severely favors one spouse over the other.
• Independent Legal Counsel: While California law does not require each spouse to have separate legal counsel, it is strongly recommended. Independent legal representation ensures that both parties understand their rights and the implications of the agreement.
• Spousal Support Provisions: Postnuptial agreements can include provisions for spousal support or alimony. However, it is important to note that California courts may modify spousal support provisions if they determine the terms are unfair.
• Child Custody and Support: Postnuptial agreements cannot dictate child custody or child support arrangements, as these issues are determined based on the best interests of the children. Any terms regarding children will not be enforceable in court.
• Periodic Updates: A postnuptial agreement should be reviewed and updated periodically, especially if there are significant changes in the couple's financial situation, such as the acquisition of assets, debts, or income changes.

A Los Angeles postnuptial agreement lawyer can ensure that all these considerations are taken into account, helping you craft an agreement that is both legally sound and fair.

Benefits of a Postnuptial Agreement

There are several benefits to entering into a postnuptial agreement, including:

• Protection of Individual Assets: A postnuptial agreement can protect assets acquired before the marriage, ensuring they remain separate property.
• Clarity and Security: Having clear terms in place can reduce the likelihood of conflict or confusion during a divorce or separation.
• Flexibility: Postnuptial agreements are flexible and can be modified as circumstances change over time.
• Prevention of Litigation: By clearly outlining asset division and spousal support terms, a postnuptial agreement can prevent lengthy and costly legal battles in the event of divorce.

Protect Your Financial Future with a Postnuptial Agreement

At Claery & Hammond, LLP, our skilled Los Angeles divorce attorneys have the experience and knowledge necessary to help you and your spouse draft and implement a postnuptial agreement. 

Avoiding confusion during this phase will ensure that things will progress smoothly and more efficiently in the future should the postnuptial agreement ever need to be revisited. Our seasoned postnuptial agreement attorneys in Los Angeles can guide you through the process to create a secure and beneficial agreement that helps protect both of your individual assets.

Ensure your financial security – Contact Claery & Hammond, LLP today for a postnuptial agreement consultation in LA. Call (310) 817-6904!