Orange County Postnuptial Agreement Attorney
While prenuptial agreements are preferred for a number of reasons, they are not always practical or appropriate in every situation. However, that doesn’t mean you can’t seek financial protection after the marriage occurs. Documents known as postnuptial agreements can serve almost the same purpose.
Postnuptial Agreements in Orange County
Nobody likes to think about divorce, but the reality is that 50% of all marriages in the United States will eventually end in some type of legal separation or dissolution. If you don’t have a postnuptial agreement on file, you are risking more than your marriage.
Drafted after the marriage takes place, but before a separation, divorce, or death, postnuptial agreements are nearly identical to a prenuptial agreement; they spell out which spouse gets what assets in the event the marriage ends. Our Orange County postnuptial agreement lawyers are skilled at drafting and interpreting these – along with prenuptial agreements – types of documents.
* Please note, this page is informational only. Our law firm no longer drafts, reviews or negotiates postnuptial agreements except in very limited circumstances. *
Benefits of Postnuptial Agreements
While it may sound unpleasant to some, a postnuptial agreement can be very beneficial to married couples in the following ways:
- New businesses. A postnuptial agreement is sometimes required when a new business or partnership is formed. The other partners could require you or your spouse to sign a postnuptial agreement stating a claim cannot be made on the business in the event of a divorce.
- Better timing. A postnuptial agreement can be easier to discuss than a prenuptial agreement, for practical reasons. Rather than bringing up this difficult process before the marriage starts, you can get comfortable with each other and ease into the subject.
- Worried about infidelity or further infidelity? A postnuptial agreement can serve as a form of protection that outlines the consequences for a lack of faithfulness.
- Division of assets. If spending becomes an issue during the marriage, a postnuptial agreement can serve as a formal division of assets. This allows you to both spend as you see fit, without affecting the other.
What You Need to Know
Before entering into a postnuptial agreement in Orange County, there are a few things you must know.
- Must be in writing. Regardless of what you’ve heard about verbal agreements being binding in certain situations, postnuptial agreements are required to be in written form in the state of California. As soon as a verbal agreement is reached, put it in writing to save trouble in the future.
- Separate lawyers. It is highly suggested that each spouse receive separate legal counsel from their own lawyer. This ensures both sides are fully represented and increases the likelihood the agreement will be enforceable in the future.
- Fiduciary duty. There are differences between pre and postnuptial agreements. While the focus in a prenuptial agreement is likely yourself, that can’t be the case with a postnuptial agreement. The law requires that you act in your spouse’s best interest and disclose all assets and debts. A failure to act in good faith could void your agreement later.
- Time requirement. While prenuptial agreements require a seven day waiting period, postnuptial agreements can be turned around in a matter of hours. However, it is not advisable to rush such an important contract. A waiting period is healthy and much needed.
Orange County Postnuptial Agreement Lawyer
At Wilkinson & Finkbeiner, LLP we have experience drafting and overseeing postnuptial agreements in Orange County. While the issue can be difficult to approach and discuss, it certainly helps to have a qualified third-party to assist with the process. Please note, however, that our firm no longer drafts or reviews postnuptial agreements.
Our Orange County divorce attorneys are compassionate, professional, and have a reputation for achieving desirable results for clients. For more information, we encourage you to schedule a free confidential consultation with one of our experienced attorneys.