Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization

Ensuring that your rights, finances, and other important aspects of your life are protected is an essential part of securing your future. A postnuptial agreement can help you accomplish these goals. A postnup is entered into during marriage and addresses asset division and finances in the event of a divorce.

In many situations, couples who are experiencing marital problems but want to mitigate future conflict might execute a postnuptial agreement, which is designed to provide a roadmap as to how to divide assets and debts in the event of a divorce.

If you wish to protect your assets with a post-marital agreement, consider working with an experienced Ventura County postnuptial agreements lawyer to draft an agreement that is fair,  thorough and legal A thoughtful marital agreement attorney could help ensure that your postnup is both valid and legally enforceable in a local court of law.

What is Postnuptial Agreement?

A postnuptial agreement is a contract that a couple may sign during marriage which may confirm separate or community property to either or both spouses in the event of a divorce. Postnups can also set limits to or completely waive spousal support. If a couple decides to divorce, the terms of the postnuptial agreement determine how the courts divide assets and debts, as well as make other important legal decisions.

However, certain issues such as child support and custody cannot be included in a postnup, as the circumstances of parents and children are unpredictable and cannot be adequately anticipated.  

Legal Requirements for Post-Marital Contracts in Ventura County

A post-marital agreement must meet several requirements to be enforceable in California. Neither party can take unfair advantage of the other because they are a married couple, and their fiduciary obligations are still in place.  Further, neither can pressure the other to enter the contract under duress or coercion.  l. Importantly, there must also be a full and fair disclosure of all assets before a postnup can be signed by the parties. Additionally, the agreement must be in writing, notarized, transparent, clear, and fair to both spouses. An attorney in the area who has experience drafting and negotiating postnuptial contracts can ensure that an individual understands these prerequisites.   I have done many of these in the past.  If you are in need of a postnuptial agreement, call me today. 

What is Included in a Postnuptial Agreement?

Postnuptial agreements can cover a wide array of topics. While the idea of having a postnuptial agreement can be off-putting to some, many couples find a contract helps them build respect for one another by putting the cards on the table. Some of the common issues that a married couple may address in their postnuptial agreement include:

  • The division of assets and debts upon divorce
  • Inheritance, investments, and retirement accounts
  • Professional practices and businesses
  • Assets that were acquired before the marriage
  • The amount of spousal support, if applicable, and how long it will last
  • Each party’s role in the marriage and their respective expectations

A Ventura County attorney could assist a person in drafting and negotiating a postnuptial agreement that meets their individualized set of circumstances. 

Talk with a Skilled Ventura County Postnuptial Agreements Attorney Today

If you believe you and your spouse would benefit from a postnuptial agreement, consider contacting a skilled attorney. Legal professionals could evaluate the unique circumstances of your family and craft a contract that best suits your individual needs. An experienced Ventura County postnuptial agreements lawyer could answer all of your questions and handle the drafting, review, and negotiation of your postnuptial agreement.

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Hoffer Family Law Firm

Hoffer Family Law Firm
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