A postnuptial agreement is a financial contract defining how a couple's personal and community property will be distributed in the event of divorce, legal separation, or death. It is becoming increasingly common for couples who are already married to enter into a postmarital agreement, providing them with the same benefits as a premarital agreement.
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At Stolar & Associates in Los Angeles our attorneys have extensive experience in drafting and reviewing marital agreements. If you are considering a postmarital agreement and would like to speak with one of our lawyers, please contact our office for a free consultation.
Why do couples enter into postmarital agreements?
A common reason for drafting the contract after marriage is a change in economic circumstances — one spouse may be completing a valuable degree, there may have been a change in the value of (or participation in) the family business, or there may be a change in the extended family.
A second use of a postmarital agreement is to aid in the process of reconciliation after a period of marital conflict. When the contract has eliminated financial questions, the couple can concentrate on other issues.
What is the difference between a prenup and a postnuptial agreement?
There is little difference in the terms that can be included in a valid prenup and a valid postmarital agreement. However, the court will scrutinize a postmarital agreement under a more rigorous standard than a prenuptial agreement. For this reason, it is extremely important to work with a lawyer who has the appropriate experience in marital contracts and in the region's courts when entering into a postmarital agreement.
What determines the validity of a postmarital agreement?
The court will examine the contract and consider questions such as the following:
- Was there a full disclosure of assets? (Disclosures for postnups are different than for prenups.)
- Was the agreement fair, when each spouse's contribution to the marriage has been considered?
- Was there any coercion (duress) during the process of drafting the postnuptial agreement?
Attorneys at our Los Angeles firm will be happy to provide a free consultation to help you determine whether you should draft a postnuptial agreement. We represent clients in Southern California courts throughout Los Angeles County, Ventura County, San Bernardino County, Riverside County, and Orange County.
Free consultation with a Los Angeles postmarital agreement attorney. Contact us today.
If you have questions about the need for a postmarital agreement, please call us at 310.288.1828 or contact us by e-mail today. Your first consultation is free.
