California Postnuptial Agreements

A Postnuptial Agreement (or “postnup”) is a contract executed by married couples that addresses certain issues in their marriage. It can be drafted at any time, during the marriage, to modify the normal rules and protections of things like community property and marital finances.

Postnups can also be drafted to be retroactive, meaning they can apply back to the date of marriage.

Postnuptial agreements can address a wide variety of things, including the restructuring of property ownership, spousal support, inheritance rights, death benefits, retirement benefits, and health insurance policies.

They can even establish which assets are separate and which are community property, if that is desired. They can change the character of separate property into community property and vice versa, as well as identify how future income will be classified as either separate or community property, if it is not currently so classified.

However, there are some restrictions on what can and cannot be addressed in a postnuptial agreement. One of the most important is that both parties must have full disclosure of all their assets, debts, and income to each other. Otherwise, the contract could be unenforceable. This is why it is so important to hire a lawyer such as our law firm that can help with this process. You may call us at 800-816-1529 extension 1.

Another issue is that unlike premarital agreements, a post nuptial agreement cannot try to avoid or limit spousal support or child support. The courts are very critical of agreements that waive spousal support in a postnuptial agreement. That is, it can’t waive or limit those payments, as the courts would view that as unfair to the lower-earning spouse. It is also not enforceable to attempt to limit custody or visitation in a postnuptial agreement, as the courts will always consider that a decision regarding children must be made by them, not the couple.

The bottom line is that a postnuptial agreement is an extremely useful tool in reducing stress and potentially avoiding the cost, inconvenience, and public humiliation that comes with a divorce. It is a way for married couples to create an individualized agreement to manage their own financial affairs, in a manner that makes sense for them. Our attorneys at The Law Office of Norman Gregory Fernandez can explain the process and help you prepare a postnuptial agreement that is both enforceable and beneficial to your situation.

While a postnuptial agreement may seem like a waste of money, it is much cheaper than fighting the same issue in a California divorce court. If you are interested in learning more about this option, feel free to reach out to us at 800-816-1529 extension one, or use the contact form on the right.

Our law firm probably prepares and reviews more California postnuptial agreements than any other firm in the state per year. We have 26 years’ experience, and the best rates for postmarital agreement preparation and review in California. Furthermore, we guarantee that we will meet or beat any other attorney or law firm postnuptial agreement preparation and review rates so long as they can be verified.

We have streamlined the process of preparing and reviewing a California postnuptial agreement, which enables us to offer the discount rates that we do.

The process of getting your postnuptial agreement prepared or reviewed by our law firm is really simple. You simply call us at 800-816-1529 extension 1. Tell our staff that you would like to have a postnuptial agreement prepared or reviwed, or you can fill out the contact forms on the right or below. We recommend that you call for faster turnaround times.

Once we receive your call, we will contact you to verify you want the service you want. We will either text or email you the link to our electronic retainer form which you electronically sign from your smart phone, tablet, laptop, or desktop computer.

Once we receive the signed retainer from you, we will open up your case in our system, and send you an invoice for the fixed fee amount of our service. You will be able to pay through our online payment portal which has bank level security. We will never see your credit card or online check information. It is all handled through our payment processor.

Once we receive notice that you have paid, we will begin processing your order. We usually have a 1 to 2 day turnaround.

We know it sounds like a lot, but frankly it is a quick and simple process and it’s much simpler than going through a nightmare divorce or you can potentially lose all of your assets, etc.

Obviously if you have any questions, you may call us at 800-816-1529 x. 0.