Postnuptial Agreement Attorney in Riverside
Outlining Spousal Wishes in Divorces
prenuptial agreement, a postnuptial agreement is a legal document that outlines a couple's
wishes in regards to property division and other marital issues, such
as alimony, child support, child custody, and visitation. Unlike a prenuptial
agreement, however, postnuptial agreements are filed
after a couple has been married.
Are you prepared for the worst? A divorce attorney in Riverside can walk
you through your options for a postnuptial agreement and help you draft
arrangement that suits your needs. At Hanson, Gorian, Bradford & Hanich, our
family law team includes a
Board Certified Family Law Specialist. Let us bring expert counsel to your case to help ensure that your rights
are protected every step of the way.
Benefits of Postnuptial Agreements
There are several benefits to filing a postnuptial agreement. First, a
postnuptial agreement can protect both your separate and marital property
from equal distribution in the event that the marriage ends in divorce.
Second, because your wishes in regards to
spousal support, and
child custody will already be disclosed in the agreement, a postnuptial agreement can
also expedite the divorce process. This can save you both time and money
in the long run.
Although deciding what to include in a postnuptial agreement can make for
an awkward and uncomfortable discussion, it is in your best interest to
have an agreement on file with the courts. Not only will a postnuptial
agreement protect your assets and best interests during a divorce, but
it can also save you from the stress and anxiety of a
Postnuptial Agreement vs. Marital Settlement Agreement
There is a huge difference between a postnuptial agreement and a marital
settlement agreement. According to the California Family Code Part 5,
Chapter 1, § 1500, all property rights by the husband and the wife
can be altered legally by either a premarital agreement or another type
of marital property agreement. A marital settlement agreement takes place
during the process of divorce. These would be the terms of your divorce
that must be either agreed upon or decided by a judge. Postnuptial agreements
do not take place before or after a couple is married, but rather during
the time of marriage. Some couples may find this a favorable option if
they never made a prenuptial agreement but are becoming concerned that
separation may be a reality.
Enforcing the Contract
When entering into a postnuptial agreement, it is imperative to understand
the scope of its legality. It must include the same elements that any
other California contract would need to legitimize the agreement, as well
as elements specific to this type of contract. It must be done in writing,
it must be consented to voluntarily, it must provide full disclosure,
and it must be executed by both parties. Once all of these elements have
been established, a postnuptial agreement is legally binding in the event
of a divorce or a death of one of the spouses.
If a married couple enters into this agreement without the assistance of
an lawyer, they may not understand what they are agreeing to. In the event
of a divorce, however, a spouse may be able to challenge the validity
of the contract by proving that they were unaware of the circumstances
of the agreement or that they were manipulated into approving it, since
they did not have the chance to speak with a legal advisor. To avoid entering
into a contract that you are unsure of, however, you should always seek
legal representation before signing.
Call our Riverside divorce lawyers today and set up your