California Postnuptial Agreements: What You Need to Know

Most people have heard of prenuptial agreements, which allow a couple to determine the division of property and financial obligations throughout the course of their marriage. Postnuptial agreements, as the name implies, are contracts made between two people who are already married. Sometimes a couple will decide to enter into a postnuptial agreement if they want to address any expected or anticipated future changes to the family structure or size.

If you are considering signing a postnuptial agreement, you should consult a family law attorney to make sure everything is legally in order. California has specific spousal agreement regulations—it is important to safeguard your assets and legal rights in the event of a divorce.

How Does a Postnuptial Agreement Work?

A postnuptial agreement can protect the assets of one or both spouses in California in the case of divorce. The contents of the signed contract will govern how the courts split property and debts and make other legal judgments if the couple divorces. In this approach, a postnuptial contract serves the same purpose as a prenuptial contract. The difference is that the couple will sign the postnuptial agreement after they marry.

A postnuptial agreement requires that the couples reveal all of their assets and obligations before signing. Like a prenuptial agreement, a postnuptial agreement may include spousal support, addressing who owns what property, inheritance and death benefits, social security benefits, health insurance, and how household expenses should be cared for.

Should You Work with an Attorney When Drafting a Postnuptial Agreement?

A lawyer can assist you with all the legal aspects of your postnuptial agreement, including its preparation, enforcement, and making sure that it is fair for all involved. A lawyer will also answer any questions you may have about the agreement and help to ensure that all intended elements are included. Additionally, your attorney may ensure that it complies with all applicable laws and contracts.

Speak with a California Postnuptial Agreement Attorney

The Berman Family Law Group can assist you if you are considering signing a postnuptial agreement in California. Our skilled family law professionals will analyze your contract terms and confirm that your agreement conforms with California law and addresses all issues according to your circumstances. Call us today at (310) 788-3837 if you have postnuptial agreement needs or questions about any other family law matter. We serve Beverly Hills, Los Angeles, Brentwood, Santa Monica, Pacific Palisades, and the surrounding Greater Los Angeles communities.

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