Irvine Postnuptial Agreement Attorney
When you are planning your wedding, you are probably not thinking about how you will divide up your property in case you divorce. Even if you aren’t considering a divorce, you may still want to clarify the ownership and responsibilities concerning marital assets. In either case, you should get in touch with an Irvine postnuptial agreement lawyer to discuss the creation of a legal agreement to safeguard your property rights
The Goldberg Legal Group: Your Irvine Postnuptial Agreement Lawyers
At The Goldberg Legal Group, we take pride in assisting Irvine, CA, residents with the complicated process of drawing up a postnuptial agreement. We can help you make sure that you adhere to all rules and regulations surrounding the documents. Our team can also help you take all your assets into consideration so there is no confusion about your plan if you get divorced.
Whether you are about to be married and want information about prenuptial agreements or you are already married and want to learn about postnuptial agreements, we can guide you through each step of the process.
What Is a Postnuptial Agreement?
If you are planning to be married, you can draw up a prenuptial agreement. In this, you will outline how you will approach the division of your assets in the event of the dissolution of your marriage. If you are already married but want to draw up a similar document, you reach out to a Irvine family law attorney so they can help you create a postnuptial agreement.
While it might not be pleasant to think about getting divorced, and you might not ever anticipate this happening, it is wise to be prepared and to sort things out in advance. This will help you and your partner avoid a bitter dispute if you decide to go your separate ways. It can also help you keep your property safe.
If you draw up a postnuptial agreement, you are creating a legal contract with your spouse about how you will divide up your marital property if you decide to separate or get a divorce one day. Doing this allows you to simplify the process of a potential divorce, making careful decisions about your property while you are on good terms with your spouse. It can be difficult to make such decisions during the emotional turmoil that often surrounds a California divorce.
Creating a postnuptial agreement is also an effective way to address changing financial circumstances that might occur during your marriage. For example, if you find yourself receiving a larger inheritance, seeing a significant increase in wealth, or making major business ventures while you are married, drawing up a postnuptial agreement can help you make plans to protect these assets.
What Can You Address in a California Postnuptial Agreement?
One of the reasons why you might consider getting a postnuptial agreement is that it provides comprehensive planning for all your financial assets. With the exception of child support payments, your postnuptial agreement can outline your plans for all kinds of assets. For example, the contract can cover:
- Debts: If you or your spouse carries a significant amount of financial debt, your postnuptial agreement can address how this will be divided in a separation or divorce.
- Spousal Support: Also called alimony, spousal support refers to monetary payments that one spouse might have to make to their former spouse after they officially dissolve their marriage. Your postnuptial agreement can address whether you or your partner will pay spousal support. If so, it can determine how much and for how long these payments will be.
- Inheritance: If you or your spouse received inheritance money during your marriage, then your postnuptial agreement should address how this will be treated. For instance, you might want any wealth generated through inheritance to stay separate, or you might want to divide it between spouses.
- Financial Protection for Children: While a postnuptial agreement cannot address issues of child support or visitation, it can discuss designated financial assets for your children. For example, if you want to create trusts or funds for the benefit of your children, you can do that when you create your postnuptial agreement. Also, if your spouse is not the biological parent of your child, your postnuptial agreement might note that this parent relinquishes any claim on assets for your children.
Why Do You Need a California Postnuptial Agreement Attorney?
Drawing up a postnuptial agreement might seem simple, but it is actually a bit complex. If you want to have an enforceable, credible postnuptial agreement in California, you will need to abide by the rules surrounding the documents.
For example, the contents of the documents need to be fair to all parties, and your lawyer can access the contents of your postnuptial agreement to make sure that they are. You also have to willingly enter into the agreement, without any form of coercion, and sign it in front of a notary. Your attorney can ensure that you follow all the necessary laws that govern these agreements.
Dealing with financial assets can also be a bit confusing, and navigating California’s legal system is not easy. If you have questions about what you are entitled to in the event of a divorce and what the implications of a split would be for major assets, your lawyer can help explain everything.
Your lawyer can also help you seek mediation during the process of creating your postnuptial agreement in case conflicts arise. Mediation can help make sure that everyone is in agreement about the plans in the contract. We can make this a stress-free, easy process when you put your trust in us.
You might also find yourself in need of a postnuptial lawyer if you are separating from your spouse and there is a dispute over the postnuptial agreement. In this case, it is advisable to contact an attorney who focuses on postnuptial agreements, but it should be someone other than the lawyer who helped create the postnuptial agreement for you and your spouse. This is because you want an attorney who is going to focus on protecting your assets in a dispute, without any conflicts of interest.
FAQs About Postnuptial Agreements in Irvine, CA
How Much Does a Postnup Cost in California?
The amount of money that you will have to spend to get a postnuptial agreement in California will depend on how much time your lawyer spends helping you draw it up. Your case might be different from that of another couple, so it is important to consult with your attorney about the potential costs of your situation. In general, you can typically expect the cost of the agreement to be a few thousand dollars.
Can You Do a Postnuptial Agreement Without a Lawyer in California?
While you can technically draw up a postnuptial agreement in California without the help of a family law attorney, it is difficult and unwise to do so. Without the guidance of a legal professional, you might find it hard to create an equitable, effective plan for the division of your property. Your lawyer can also help make sure that your postnuptial agreement adheres to all the rules and regulations in California so that your document’s credibility is not called into question later.
Are Postnuptial Agreements Enforceable in California?
Your postnuptial agreement will be enforceable in California if you entered into it willingly, put it in writing, signed it, and made sure that you were honest with your disclosure of your financial situation. You will also have to get your document notarized for it to be valid and enforceable by the court.
What Voids a Postnuptial Agreement?
You should be aware of some factors that might make your postnuptial agreement void. Examples include:
- There is evidence that you or your partner were coerced into signing it.
- The terms are unfair.
- There was lying or lack of transparency in the document.
If these apply in your case, you might find that your document is considered unenforceable. When you work with the right postnuptial agreement attorney, they can make sure that your agreement conforms to the law and avoids the aforementioned issues.
What Cannot Be Included in a Postnuptial Agreement?
Your postnuptial agreements can outline your plans for dividing many assets, including your debts, investments, and spousal support. You cannot, however, make arrangements for child support payments. This is because your child support payments will be determined by the court and will be dependent on your financial circumstances at the time of your divorce.
If you need assistance enforcing a child support order or understanding the process of determining child support, a family lawyer can also be of service.
The Goldberg Legal Group Makes Postnuptial Agreements Easy
If you are considering drawing up a postnuptial agreement to protect your assets, you will want an experienced legal professional to assist you. At The Goldberg Legal Group, we are well-versed in California postnuptial agreements and can address any questions, concerns, and steps you need help with. If you would like more information about how we can be of service, contact us today to schedule a consultation.