Attorneys for Los Angeles County Premarital and Postnuptial Agreements
While many couples choose to create a premarital agreement during their engagement, it is also possible to create a marital agreement during marriage, called a postnuptial agreement.
Prior to marriage, creating a premarital agreement allows you to determine things like separate property and community property on your own, rather than allowing it to be determined according to California law. A premarital agreement can be beneficial to any couple with significant assets, significant debts, a previous marriage or previous children, or any couple who wants to have more control over their property. Premarital agreements can be changed or invalidated during the course of a marriage and usually require the assistance of a California family law attorney for each party.
A postnuptial agreement is especially helpful for a couple that does not have a premarital agreement, or those who have previously considered divorce. In the case that the marriage does end, a postnuptial agreement can be a document created beforehand that can set up the separation agreement or divorce settlement.
How Could a Postnuptial Agreement Help My Situation?
It is usually in the best interests of both parties to work through tough issues while they are still on good terms and committed to the marriage, rather than while they are in the middle of a divorce. A skilled marriage attorney in Los Angeles County can help you craft a postnuptial agreement.
A postnuptial agreement could potentially help in the case of a divorce, in the case of children who were not born as a part of the marriage, in the case of death or disability, or if a family business is part of the equation. Your postnuptial agreement may include the following:
• A list of property that is considered separate property and a list of community property and reasons why property might change from one classification to the other;
• Your postnup could determine who is responsible for paying off which debts and in whose name the debts will be held;
• It could include a division of earnings, including the amount that each person is allowed to spend, and a determination of whether each party is contributing a fair share;
• If there is a family business, a postnup could determine how it will be divided in the case of a divorce and the role of each spouse in the business;
• Like a prenup, a postnuptial agreement can allocate certain money or property to children from outside relationships;
• It may include provisions for power of attorney, health insurance, or health care in the case of disability; and
• Many other legal and financial issues.
How Can I Get a Premarital or a Postnuptial Agreement?
In order to ensure that your premarital agreement or your postnuptial agreement is legally enforceable, it is best to have each party discuss the agreement with a separate Los Angeles County family law attorney. At Yanez & Associates, our experienced attorneys are here to help you find the best solution to your situation. Contact us today to schedule a free initial consultation.