A Postnuptial Agreement Attorney Can Help Protect Your Assets
Postnuptial agreements are legally binding documents that outline the division of assets in the event of a divorce, and are signed after the couple has wed. Family law attorneys S. Roger Rombro, Kelly A. Tufts, and Melinda A. Manley at Rombro & Associates in Manhattan Beach, CA, can guide you through this process. Choosing the right postnuptial agreement attorney can ensure your property is adequately protected, and make the divorce process easier if your marriage does not endure. Use our online contact form or call (310) 545-1900 to learn more.
Postnuptial vs. Prenuptial Agreements
A married couple can delineate the terms of their division of assets, spousal support, child custody, or other marital matters relating to divorce with a postnuptial agreement. The more commonly-known prenuptial agreement, or prenup, serves the same purpose as a postnuptial agreement in providing the terms of divorce, only it is executed before the couple enters into marriage, rather than after.
Why Draft a Postnuptial Agreement?
A couple can enter into a postnup anytime during their marriage. This contract can be used as a means to promote a stronger marriage and resolve conflict. Other times, a postnuptial agreement is an outcome of marital problems and a pending separation.
Couples may draft a postnuptial agreement when:
- One spouse's financial status changes, such as if a business expands
- The couple wants to avoid disagreements upon separation
- One spouse’s career changes, for example, they receive a promotion
- One spouse receives a considerable inheritance
Division of Assets and More
A postnuptial agreement will remove assets from communal property, and assign them to an individual. When specific assets are not considered communal property, they will not be divided up equally like they would during a standard divorce proceeding.
Postnuptial agreement terms typically include:
- Division of assets
- Terms of business ownership
- Spousal support
- Child custody
- Property division upon death
- Terms of gifts and inheritance
- Terms of disability, insurance, and other benefits coverage
Postnuptial Agreement vs. Marital Settlement Agreement
Unlike a postnuptial agreement that is executed during marriage, a marital settlement agreement is signed after marriage, during divorce proceedings. Essentially, a marital settlement includes the terms of your divorce, and must be agreed upon by both parties, or determined by a judge.
How an Attorney Can Help
Since a postnuptial agreement is an enforceable contract, it is critical to understand its requirements, mechanisms, and scope. The contract must be written, provide full disclosure, and be voluntarily executed by both parties. If all of these elements are established, a postnuptial agreement is legally binding upon divorce or a spouse’s death.
Since a postnuptial agreement is an enforceable contract, it is critical to understand its requirements, mechanisms, and scope.
It is strongly advised that legal counsel is sought any time you enter into a contract that can so widely and deeply affect personal and financial aspects of your life.
Start Drafting Your Agreement
Learn how the divorce attorneys at Rombro & Associates can draft a postnuptial agreement that safeguards your interests, and protects you during or following marriage. Call us today at (313) 545-1900, or contact us online to schedule a consultation.
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