Calabasas is one of the most affluent communities of the greater Los Angeles area, so many couples control substantial assets. If you and your spouse recently married and have discovered financial concerns that may lead to problems later, it’s a good idea to consult a Calabasas postnuptial agreement lawyer at your first opportunity. They may be able to help you draft a legally enforceable contract that provides financial security to both of you.
The team at Hoffer Family Law Firm has years of experience helping clients in Calabasas and the surrounding California communities with a wide range of family law matters, including drafting postnuptial agreements. These contracts function similarly to prenuptial agreements; the main difference is that they are signed after marriage, while prenuptial agreements are signed before marriage.
Jeffrey Hoffer wrote Ending Your Marriage in California: A Guide for Divorcing Wisely to help those preparing for dissolution proceedings, and while a postnuptial agreement does not necessarily need to be a blueprint for divorce, it can be advantageous for you and your spouse to have one should you later decide to end your marriage. Postnuptial agreements can provide financial peace of mind and eliminate the risk of future disputes.
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Our team can review the details of your financial situation, address you and your spouse’s goals and concerns, and help you draft a comprehensive postnuptial agreement that provides the financial security you need. While there are limits to what a postnuptial agreement can cover, it is worth it to hire a postnuptial agreement lawyer to assist you and your spouse with drafting this contract.
The US Census reports that California’s divorce rate is noticeably lower than the national average despite having the largest population. About 10.5% of women and about 7% of men in California are divorced, and hundreds of divorce petitions are filed statewide each year. If you have a postnuptial agreement in place when you and your spouse decide to divorce, this contract can potentially expedite your negotiations and make the process much easier.
It is important to remember, however, that a postnuptial agreement does not simply prepare you for a divorce, nor does the suggestion of creating a postnuptial agreement indicate a lack of faith that the marriage will last. Calabasas is one of the wealthiest communities in the San Fernando Valley. Many people enter marriages already controlling substantial assets. Marriage can further complicate various financial issues, and this contract can help alleviate some of this complexity.
Your postnuptial agreement triggers fiduciary duties for your marriage. The contract can clearly outline your and your spouse’s respective separate property, cover how you will handle property division and spouse support should you decide to divorce in the future, and outline your respective responsibilities during your marriage. It is also possible to amend this document in the future should your circumstances change.
Ultimately, a postnuptial agreement can provide financial security for your future. Both you and your spouse must enter the agreement willingly, with complete and accurate information, for it to be legally enforceable. If you think a postnuptial agreement is right for your situation, reach out to the Hoffer Family Law Firm to learn how we can help draft this agreement.
A: Terms related to child custody or child support cannot be included in a postnuptial agreement. Additionally, the agreement cannot include any illegal or unconscionable terms. Both spouses must enter the agreement willingly and cannot hide any relevant information from each other. Your Calabasas postnuptial agreement lawyer can explain what your agreement can and cannot include.
A: A few things can void a postnuptial agreement. If either spouse entered the agreement under false pretenses, meaning the other hid relevant information from them, this can render the contract legally unenforceable. It is also possible for the agreement to be invalidated by the court if the court determines it was not created correctly, or if one of the spouses signed the agreement under duress or due to coercion.
A: Yes, you can change the terms of your postnuptial agreement in Calabasas as long as both you and your spouse agree to the change and formally sign an amendment to the contract. It’s a good idea for you and your spouse to review your postnuptial agreement on a regular basis to address any recent changes in your life and to ensure the terms of the contract are still valid and legally enforceable.
A: You should hire a postnuptial agreement lawyer in Calabasas to ensure your agreement is legally enforceable. You will need to hire an attorney to help you and your spouse draft this contract. While the two of you may develop the framework for what you want the agreement to include before taking it to an attorney, it’s vital to have legal counsel review it to make sure it includes all necessary terms and is legally enforceable.
A: The cost to draft a postnuptial agreement in Calabasas depends on your chosen attorney’s billing policy. Most family law attorneys in California charge by the hour. The attorney tracks the time spent on a case and then bills the client incrementally. Some attorneys offer flat rates for specific legal services, such as contract drafting, but developing a postnuptial agreement can be time-consuming. This is likely to take multiple sessions with an attorney. The team at Hoffer Family Law Firm can help you understand the benefits a postnuptial agreement could offer to you and your spouse. We have successfully drafted many of these contracts in Calabasas and surrounding communities, and we’re ready to put this experience to work on your behalf. If you have questions or are ready to draft your agreement, contact us today and schedule your consultation with a Calabasas postnuptial agreement lawyer.
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