Despite their benefits, many couples forgo establishing a prenuptial agreement before they get married. Often, this is because of the taboo that remains attached to drafting a prenup. After all, most couples that are about to get married don’t want to “plan” on divorcing. Most couples may be unaware of an additional option that is available to them to create a similar marital agreement even after getting married. A Huntington Beach postnuptial agreement lawyer can discuss this option with you and help you get started.
With an extensive understanding of family law and the postnuptial agreement process, our team at Quinn & Dworakowski, LLP, has been helping couples throughout Huntington Beach and the surrounding areas for decades. Our experienced and qualified attorneys can guide you through the processes of negotiation and drafting in order to establish a personalized postnuptial agreement that works for your needs.
Postnuptial agreements are marital agreements or legal contracts that work to accomplish the same goals as a prenuptial agreement but benefit from being able to be drafted after a couple is married. Postnuptial agreements are highly customizable and can offer several legal tools and benefits, including:
It is important to consider that no marital agreement may establish any provisions that would violate state law or conflict with family law regulations. For instance, it is up to the court’s discretion how to determine child custody and support as it discerns what is in the interest of the child’s welfare. Any ruling by the court would override any attempted provisions made in a postnuptial agreement.
Postnuptial agreements offer even more flexibility for couples seeking a marital agreement. Couples can take their time ensuring that it represents their interests without the deadline of a marriage date looming. Since postnuptial agreements must meet certain legal requirements to remain enforceable, it is highly recommended you work with a qualified postnuptial agreement lawyer. Those requirements include the following:
A: The cost to draft a postnuptial agreement can vary widely between roughly $2,000 to as high as $10,000, depending on both the complexity of your agreement and the experience of your attorney. For couples with more complex finances, such as those with businesses, multiple real estate holdings, and investments such as stocks, cryptocurrency, and retirement accounts, or if there are disagreements while drafting, the cost of drafting a postnuptial agreement could be on the higher end.
A: California does recognize postnuptial agreements. However, as they represent serious legal contracts, they are subject to strict legal scrutiny. A postnuptial agreement can become invalid if it does not adhere to state regulations or violates law in some way. Failing to include consent from both parties, failing to provide full financial disclosure of all assets and liabilities when drafting, or including any violating terms, such as provisions for child custody, would cause the agreement to be voided.
A: You can, of course, legally draft your own postnuptial agreement. However, the level of legal scrutiny to which martial agreements are held makes them susceptible to nullification if they fail to accurately adhere to sound legal compliance with state regulations. Instead, it is far more advisable to work with a qualified family law attorney with experience handling postnuptial agreements to ensure it holds up in court. Any errors, omissions, or non-compliance risks losing legal enforceability in court later.
A: Postnuptial agreements are effective legal tools for couples to outline and protect various assets from division in the event of a divorce. However, there are certain terms that cannot be included. First, you cannot include provisions for child custody or child support, as these determinations must be made by a court. Also, you cannot waive spousal support, dictate behavior or responsibilities expected in the marriage, incentivize divorce, or outline a term that would violate public policies.
If you and your spouse did not establish a prenuptial agreement before getting married, it is not too late. In fact, there are many potential benefits to establishing a postnuptial agreement. The team at Quinn & Dworakowski, LLP, offers compassionate and discrete legal counsel and can help guide you through your options in establishing a fair and effective martial arrangement. Contact our office today to learn more or to get started.
If you believe a postnuptial agreement may be right for you, contact Quinn & Dworakowski, LLP.
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