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Post-nuptial Agreements

Postnuptial Agreement Lawyers in Irvine

Helping Clients With Asset Protection & Future Planning in Orange County

Backed by nearly four decades of combined experience, our lawyers are intimately familiar with all aspects of California family law. We can proficiently guide you through each stage of the process as we ensure your rights are well-represented. Using our in-depth understanding of this practice area, we can help you draft a postnuptial agreement that safeguards your assets and best interests.

Call The Neshanian Law Firm, Inc today at (949) 577-7935 or contact us online to schedule a consultation with our postnuptial agreement lawyers in Irvine.

Postnuptial vs. Prenuptial Agreements

Similar to a prenuptial agreement, a postnuptial agreement is a legally binding document which outlines a married couple’s responsibilities during their marriage, as well as how marital assets will be divided in the event of a death or divorce. You are able to protect your assets and finances, as well plan for any debts that accrue during the course of the marriage. However, unlike a prenuptial agreement, a postnuptial agreement is signed after the marriage has taken place—not before. A well-drafted postnuptial agreement can effectively protect your assets, property, and future.

These types of agreements can be used to address:

  • Who gets the family pet in the event of a divorce
  • What is each spouse’s interest in the marital home
  • Who is the designated beneficiary of a life insurance policy
  • Which spouse will pay spousal support (alimony) and for how long
  • How marital asserts are to be divided and which spouse keeps certain property
  • Which spouse is responsible for marital mortgages, loans, and credit card debts
  • How property and assets are to be divided if one spouse passes away during the marriage

The Benefits of a Postnuptial Agreement

While many people are familiar with prenuptial agreements, postnuptial agreements are often overlooked. However, these legal documents can provide numerous benefits and peace of mind for couples who are already married or in a long-term committed relationship.

Here are some reasons why you should consider a postnuptial agreement:

  1. Protection of Assets: A postnuptial agreement allows you to clearly define and protect your individual assets, property, and investments. This can be especially important if you own a business, have significant assets, or anticipate receiving an inheritance.
  2. Clarification of Financial Responsibilities: A postnuptial agreement can outline how finances will be managed during the marriage, including the division of expenses, debt obligations, and financial support in the event of a separation or divorce.
  3. Preservation of Family Relationships: By addressing potential financial conflicts and uncertainties in advance, a postnuptial agreement can help minimize disputes and maintain harmony within your family, protecting relationships with children from previous marriages or other family members.
  4. Flexibility for Future Changes: Life circumstances can change over time, and a postnuptial agreement can provide a framework for addressing these changes. It can outline how assets and responsibilities will be adjusted in the event of a career change, relocation, or other significant life events.

At The Neshanian Law Firm, Inc, our experienced postnuptial agreement lawyers in Irvine understand the complexities of family law and are dedicated to helping you protect your assets and secure your financial future. Contact us today to schedule a consultation and learn more about how a postnuptial agreement can benefit you.

Ensuring Your Postnuptial Agreement is Enforceable

If your postnuptial agreement is not properly drafted, California courts may deem it invalid. Fortunately, The Neshanian Law Firm, Inc has been helping clients draft bulletproof marital agreements since 2005. We can help you, as well. Our team has an extensive track record of success in this area of law, and we know what it takes to create an enforceable agreement. Attorney Amy Neshanian is actually a Certified Family Law Specialist by The State Bar of California Board of Legal Specialization. This means she is an expert in this practice area. You can rely on our firm for the effective legal services you deserve.

In order to be enforceable, a postnuptial agreement needs to meet the following requirements:

  • There has to be full disclosure of both spouse’s property, debts, income, and assets
  • It needs to be voluntarily signed by both spouses
  • The signatures need to be notarized
  • It has to be written
  • It must be fair

Call our Irvine postnuptial agreement lawyers today at (949) 577-7935 to schedule your consultation.

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Commonly Asked Questions

What Are Some Examples of What Can Be Addressed in a Postnuptial Agreement?

These types of agreements can be used to address: who gets the family pet in the event of divorce; what is each spouse’s interest in the marital home; who is designated beneficiary of life insurance policy; which spouse will pay spousal support (alimony) and for how long; how marital assets are to be divided and which spouse keeps certain property; which spouse is responsible for marital mortgages, loans, credit card debts; how property and assets are to be divided if one spouse passes away during marriage.

What Requirements Must Be Met For My Postnuptial Agreement To Be Enforceable?

In order to be enforceable, a postnuptial agreement needs to meet the following requirements: there has to be full disclosure of both spouses' property debts and income assets; it needs voluntarily signed by both spouses; signatures need to be notarized; the written form must be fair.

What Should I Keep In Mind When Drafting A PostNuptual Agreement?

It's important that you work with an experienced lawyer when drafting your postnuptial agreement. An attorney with experience in family law can make sure that your document meets all legal requirements so it's enforceable by California courts.

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