Although not as common as premarital agreements, post-marital agreements are important in protecting and preserving specific elements that might be part of a marriage.
While many couples don’t feel comfortable with the nature of premarital agreements, they might feel as though post-marital agreements, or those made after you are already married, might be less of a forecast for divorce.
However, in order to ensure your agreement is legally prepared according to California’s standards, and to make sure the settlement is fair and enforceable, you need a Rancho Cucamonga Post-Marital Agreements Lawyer.
Many post-marital agreements can include the elements you might find in a premarital agreement regarding spousal maintenance and property. For the most part though, post-marital agreements are created to address a concern that has arisen after you are already married. The intent is to make a correction or resolution that helps you to move forward with the marriage but not to bind anyone to better terms in preparation for a divorce, which, in California, would invalidate the agreement. Although newer than other types of agreements, The Law Office of Laurence J. Brock is familiar with preparing and providing counsel regarding post-marital agreements.
The primary difference between the two agreements is the point in the marriage in which the agreements are signed, which can significantly affect the terms the parties are willing to agree to. Premarital agreements might include designation of community and separate property and terms surrounding inheritances and other finances associated with children from previous marriages.
Post-marital agreements, on the other hand, are created when you’ve already agreed by marriage to California’s marital laws and are bound specifically by its community property and no-fault laws. Although post-marital agreements are useful for covering issues you might not have been aware of until you were married, they aren’t as easily enforced as premarital agreements.
It is important that you consult a qualified attorney like Laurence J. Brock to guide you regardless of whether you are not yet married, or already married and planning for your future.
Post-marital agreements can protect assets and property that would normally be divided equally because of California’s community property status.
For example, in California, all property acquired during the marriage is considered the community’s property or belonging to the marriage.
In the event of divorce, all community assets and debts must be divided equally.
However, in a post-marital agreement, you can agree to allow one party to retain ownership of certain property, assets, or even a business, regardless of the community property law.
A “postnuptial” agreement could highlight a different plan for the division of assets due to gambling or other issues, to protect those assets, and allow the couple to continue working on the marriage.
Post-marital agreements are similar to premarital agreements in many ways and can be contested just as easily. Like premarital or prenuptial agreements, both parties must agree to the terms without any undue influence or threats, and both agreements are intended to be fair agreements.
However, the biggest and most important difference between the two is that the post-marital agreement might be contested more easily than a premarital agreement, simply because it isn’t supposed to be used specifically to receive a better or more valuable outcome at divorce.
Both parties must agree on the terms of the post-marital agreement voluntarily; it cannot be one-sided or unfair, and it must include complete and accurate information.
Contesting post-marital agreements requires the expertise of a skilled lawyer, who is familiar with all elements of this type of agreement and can help ensure you receive what you are entitled, no matter which side of the agreement you happen to be on at the moment.
Although not as common, post-marital agreements are becoming increasingly more popular in marriages with minimal assets and debts to those considered wealthy, high asset marriages. If you are planning to be married or are already married, you need an experienced post-marital agreements lawyer in Rancho Cucamonga, who can help determine the best terms for whichever type of agreement you and your spouse decide on together. If you are dealing with either type of agreement or even a contested agreement, contact us online or call us at (909) 466-7661 immediately.