Ask A Los Angeles-Area Lawyer About Postnuptial Agreements
A postmarital agreement is a contract outlining how a couple’s property must be divided in the event that the marriage ends, either through legal separation, divorce or death. Providing the same benefits as a prenuptial agreement, it is becoming increasingly common for married couples to create these agreements to set clear expectations and eliminate any misunderstandings.
At my firm, Stolar & Associates, A Professional Law Corporation, I can assist with the writing and review of postmarital agreements (also called postnups). I invite you to contact me, Steven Stolar, to learn about how I can assist you with the process.
Ready to begin? Request a consultation online or call me at 310-800-2132.
The Benefits Of Postmarital Agreements
One of the most common reasons for creating a postmarital agreement is a shift in finances. Often, this is the case when there is a change in the extended family, a change in the participation in or value of a family business, of when one spouse is completing a valuable degree.
A postmarital agreement may also function as an important tool to clear up financial questions after a period of marital conflict, allowing the couple to focus on resolving other issues.
Determining The Validity Of Postmarital Agreements
To determine whether a postnup is valid, the court will examine the contract and consider questions such as the following:
- Was there a full disclosure of assets?
- Was the agreement fair, where each contribution to the marriage has been considered?
- Was there any coercion during the process of drafting the postnuptial agreement?
Prenuptial Vs. Postnuptial Agreements
There isn’t much difference between the terms that can be included in a prenuptial or postnuptial agreement, but the court will typically scrutinize a postnuptial agreement under a much higher standard than a prenuptial one.
Thus, it is critical for those seeking a postnuptial agreement to work with a qualified attorney with ample experience in marital contracts and their enforcement in nearby courts.
Should You Pursue A Postnuptial Agreement? Let’s Talk About It.
From my Beverly Hills-based law offices, I will be happy to help you determine whether you should draft a postnuptial agreement. For more information about my postmarital agreement services, contact my firm by phone at 310-800-2132 or send an email inquiry.
I represent clients in Southern California courts throughout Los Angeles County.