If you are considering a post-nuptial agreement, speak with a Los Angeles post-nuptial agreement attorney at Fernandez & Karney. We have successfully handled thousands of family law cases and will put this experience to work for you.
If you are considering a post-nuptial agreement, speak with a Los Angeles prenuptial agreement attorney at Fernandez & Karney. We have successfully handled thousands of family law cases and will put this experience to work for you.
Certified Family Law Specialists
Over 50 years of combined experience
Experienced with complex divorce & child custody cases
Marriages are complicated. Sometimes people date for years and then decide to go about getting married, while others get married soon after meeting somebody. There is no playbook for marriages, and nobody does it “right” or “wrong.” The reality is that every marriage situation is different. In some cases, individuals get married with a prenuptial agreement in place. These types of agreements are not specifically relegated to those with a high net worth. They can be beneficial in various situations. However, even if a couple gets married without a prenuptial agreement in place, they can still choose to get a post-nuptial agreement drafted and implemented after the marriage occurs.
A post-nuptial agreement is a fantastic option if you have already entered the marriage and want to come up with an agreement regarding your finances. A post-marital agreement can provide the same stability and security that a prenuptial agreement does for those who have already gone through the marriage process.
What Is Covered in a Post-Nuptial Agreement?
A post-nuptial agreement is going to be very similar to a prenuptial agreement, with the obvious difference being when the agreement is drafted. Prenuptial agreements are always going to be in place before two people tie the knot. However, one major difference is that issues of child support and child custody may be included in the agreement, as opposed to a prenuptial agreement that only deals with two parties financial interests.
Some of the issues that will likely be addressed in a post-nuptial agreement include assets such as:
- Retirement accounts
- Earnings during the marriage from both parties
- Acquired debts of both parties
- Valuable items acquired during the course of the marriage
- Joint and individual property, including stocks, mutual funds, real estate, professional practices, etc.
In many situations, post-nuptial agreements occur fairly soon after a marriage has started. However, there are times when individuals in their 10th or 20th year of marriage decide to get a post-nuptial agreement.
Some parents are trying to protect their children by getting a post-nuptial agreement. There are times when post-nuptial agreements represent an ultimatum for a marriage that is not doing well. Whatever the reason you have for getting a post-nuptial agreement, it is important to remember that any assets that have already been acquired during the marriage are likely already going to be considered marital property.
Some Reasons for a Post-Nuptial Agreement
There are various reasons why individuals in Los Angeles may need a post-nuptial agreement. This does not necessarily mean that the individuals involved do not trust one another. In fact, pre and post-nuptial agreements can bring significant stability to a marriage. This is particularly true if one or both parties have been married before and do not want to experience an unstable separation process again.
Some of the most common reasons why individuals in Los Angeles want post-nuptial agreements include:
- To define the character of property. In general, property owned by a spouse before marriage or acquired during the marriage through an inheritance or gift will be considered separate property. All other property will be considered marital property. Spouses involved may wish to characterize property differently.
- To divide the property differently than state law. California is a community property state, and the law requires that assets and debts acquired during the marriage be split equally among divorcing spouses. Individuals may wish to devise a different way to split assets in a post-nuptial agreement.
- To make provisions for spousal support. One spouse may agree to forgo career options and place them at a significant earning disadvantage during the marriage. A post-nuptial agreement can be made to ensure that one spouse will provide for the other during the marriage or in the event separation occurs.
- To describe wishes regarding children. Parents may wish to ensure that their children are provided for and make specific requirements regarding custody, support, and visitation.
California Post-Nuptial Agreement Requirements
In the state of California, there are certain aspects of post-nuptial agreements that need to be addressed. In order for these agreements to be enforceable, they must be written down, signed by both parties, and notarized by an official. However, this does not necessarily mean that the agreement will be enforceable. Some other aspects that need to be understood include:
- That the agreement was signed voluntarily without any deception, threats, coercion, or physical force.
- That the agreement is fair to both parties involved.
- That there was full disclosure of assets, income, property, and debts of both parties.
It is absolutely crucial for those seeking to get a post-nuptial agreement drafted to work with a skilled attorney who can handle every aspect of this process. At Fernandez & Karney, we have extensive experience handling pre and post-nuptial agreements, and we know how to help you through this. Our team will make sure that all of your assets and debts are properly listed, and we will enlist individuals to help make sure that your spouse has properly reported their assets and debts as well.
How a Los Angeles Post-Nuptial Attorney Can Help?
A skilled Los Angeles post-nuptial attorney is going to provide invaluable assistance in these situations. The reality is that most individuals may think that they have a good grasp of their asset and debt situation, but that is not always the case. Additionally, it is not uncommon for one spouse to be certain that they can trust what the other spouse is telling them, only to later discover that the information in their post-nuptial agreement was incorrect.
At Fernandez & Karney, our family law and post-nuptial agreement attorneys are standing by to help you get through this process. We have extensive experience drafting prenuptial and post-nuptial agreements, and we will make sure that your best interests are lookout for throughout this entire process. If necessary, we will make sure to hire forensic accountants, investigators, and appraisers to make sure that your assets and debts, and the assets and debts of your spouse, are all accounted for before a post-nuptial agreement is signed. You can contact us for a consultation of your case by clicking here or calling (310) 622-9434.
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1 Certified Family Law Specialists
2 Over 50+ years of combined experience
3 Experienced with complex divorce and child custody cases