When you and your spouse get married, there are many considerations you must make, especially regarding wedding planning. As such, it’s not uncommon to let other things take a back seat. If you didn’t discuss establishing a prenuptial agreement before tying the knot, you may wonder if you have alternative options. It is possible to sign a similar document after you are legally married. If interested in establishing one, understanding what information you must include in a postnuptial agreement is critical. The following blog explores why you must connect with Los Angeles prenuptial agreement attorneys if you and your spouse are considering creating a postnup.
What Is a Postnuptial Agreement?
A postnuptial agreement is a document established after a couple is legally married. This is used to determine how the couple will split their assets in the event they divorce. Generally, this is used to help establish assets to make a potential divorce considerably simpler.
Many couples use this when one spouse receives a large inheritance of considerable financial change. Additionally, you may find that if one spouse has poor financial management skills or succumbs to substance abuse, a postnuptial agreement can help protect each spouse and their assets in the event of a divorce.
What Do I Need to Include in a Postnuptial Agreement?
In your postnuptial agreement, you’ll begin by determining how you would like to split your marital property. California is a community property state, meaning you and your spouse are each entitled to a 50/50 split of joint assets in the event you divorce, regardless of each spouse’s contribution to the marriage. However, this allows you the opportunity to craft an agreement you and your spouse believe to be more fair.
In addition to dividing your marital assets, you can establish responsibility for debts. This can help ensure that you and your spouse have a clear understanding of how debt will be handled to minimize the risk of one spouse failing to or refusing to make necessary payments.
It’s important to understand that child custody terms cannot be established in a prenuptial agreement. As such, any attempt to include provisions will be ruled invalid by the courts.
How Can an Attorney Help Me Establish One?
It’s important to understand that postnuptial agreements are often more complex, as the courts may question their validity. This is because it is common for a spouse to sign the agreement under duress because they are legally bound to their partner. As such, ensuring you have an experienced and competent attorney to help you create this agreement can help mitigate any concerns about the document’s fairness or validity.
Additionally, working with an attorney can ensure the document is completed correctly and accurately to ensure there are no delays in the court proceeding should you and your spouse divorce.
If you are considering establishing a postnuptial agreement, ensuring you connect with an experienced attorney from the Zitser Family Law Group is critical. Our dedicated legal team will do everything possible to help you through these complex times. Connect with us today to learn how we can guide you through these challenges.
