Sherman Oaks Postnuptial Agreements Lawyer

Many people who are familiar with the concept of prenuptial agreements have never heard of postnuptial agreements. When a couple decides to get married, the question of whether to enter into a prenuptial agreement may be discussed. If the couple opts not to enter into an agreement before they are married, they may be able to execute one after their marriage. 

Under California law, a married couple is not allowed to enter into a contract to change their legal relationship, except regarding their property. A postnuptial agreement allows a married couple to agree about the division of their assets and debts without getting a divorce. Postnuptial agreements have different considerations and requirements than do prenuptial agreements. If you are married and would like to learn about dividing your marital assets and debts without getting a divorce, you should seek the advice of an experienced postnuptial agreements lawyer in Sherman Oaks. Our Sherman Oaks family law lawyers can answer all your questions and help you create an agreement that meets your unique needs. Contact us today by calling (818) 205-9090.

Requirements for a California Postnuptial Agreement

To be valid, a California postnuptial agreement must be fair to both spouses and must not be executed due to the duress or coercion of either party. To be conscionable, the agreement must not leave a spouse in a less favorable position than when they entered the marriage. 

Another consideration is whether the parties have been honest with each other and disclosed all their assets and debts. If a court finds that a party hid property, income, or liabilities, the contract will be unenforceable. 

Assuming these factors are met, there are three basic legal requirements for a valid postnuptial agreement. The requirements are:

1. The agreement must be in writing.
2. The agreement must be notarized.
3. Both parties must have been advised by their own attorney.

To comply with the legal requirements of a postnuptial agreement, you should seek the advice and guidance of an experienced Sherman Oaks postnuptial agreements attorney. Contact our office today to schedule a free consultation. 

Differences Between Post-Marital and Prenuptial Agreements

The most obvious difference between a prenuptial and post-marital agreement is when it is executed. Of course, a prenuptial agreement must be executed before the marriage takes place. Executing an agreement before marrying allows a couple to modify the California laws governing marriage. If you and your partner do not reach an agreement, you can choose to not get married. 

However, with a post-marital agreement, you may have a more difficult time reaching an agreement because there is not the same degree of incentive as there is before the marriage. Additionally, post-marital agreements are more closely scrutinized and must be approved by the court. 

However, a post-marital agreement may be a good choice if you want to be in control of how your assets and debts would be divided but you do not want to get a divorce, or if you experience a significant change in your circumstances. Some reasons why you may want to consider a post-martial agreement include:

• You or your spouse experience a large increase in salary.
• One of you receives an inheritance.
• One of you is experiencing addiction or mental health problems.
• You are experiencing marital problems and considering divorce.

In any of the above situations, you or your spouse may want to enter into a post-marital agreement to protect your rights. For example, if your spouse began gambling irresponsibly, you may want to separate your assets and debts to ensure you are not responsible for his gambling debts. 

Contact a Sherman Oaks Postnuptial Agreements Lawyer for Legal Guidance Today

Even if your marriage is on solid ground, there may be good reasons to consider having a post-marital agreement. Contact a post-marital agreements lawyer in Sherman Oaks from Diarian & Bociaga today to learn how California marital laws apply to your unique situation and to determine whether a post-marital agreement is right for you.