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Irvine Postnuptial Agreement Attorney

About the Postnup Agreement Process in California

Unlike a prenuptial agreement, which takes place before a couple weds, a postnuptial agreement takes place after the couple is legally married. A postnup agreement is in many ways like a prenup and is used to ensure that the spouses and assets of a dissolved marriage are being protected. If you did not seek a prenup before you were married or felt pressured not to seek a prenup because of the stigma attached, a postnup could be the legal process you need. Our Irvine postnuptial agreement lawyers have handled this process numerous times and can help you find the right agreement for you and your spouse.

Schedule a consultation with the Center for Mediated Divorce today.

Legal Requirements and Regulations

A postnuptial agreement is conducted between couples that plan on continuing their marriage and are not currently undergoing divorce. It is a means of an agreement between spouses and ensures protection in the event of a divorce. Because a postnuptial agreement is a legally binding contract, there are some requirements that need to be met for the postnup to be considered authoritative within a court system.

Legal requirements for a postnuptial agreement include:

  • The agreement must be in writing and signed by both spouses
  • It must be obtained voluntarily, meaning one spouse cannot threaten, trick, or force the other into signing
  • The agreement cannot favor one spouse over the other or be unfair
  • It must include a full and accurate disclosure of all assets and property owned

Our Irvine postnuptial agreement attorneys can help you navigate the postnup process and ensure that your interests are being appropriately protected. Without the help of a skilled lawyer on your side, you might not be as legally sound as you think you are.

If I didn’t get a prenup, why should I bother with a postnup?

This is a question our firm has heard all too often. Many people that did not see the value of a prenuptial agreement also don’t see the value of a postnuptial agreement. As Irvine postnup lawyers, we have seen the benefits of both and when a potential client comes to us with this question, we are more than happy to list out some reasons why they should at least consider a postnup.

  • Things change – And we don’t mean in a romantic way. Financial matters can drastically change after marriage. For example, one spouse might have owned a business before the marriage, but the business acquired an astounding amount of value after the marriage took place. The spouse can ensure his or her business is protected by signing a postnup with their partner.
  • You felt peer pressured – Maybe you thought about getting a prenup before your marriage but others discouraged you because of the “implications,” and now you aren’t sure if there is any point. Trust us; there is a point! There is an unnecessary stigma attached to the prenup and postnup process, but the truth is, as responsible people, we plan for unforeseeable events all the time. When we pay for car insurance and home insurance, we aren’t stating that we hope for a car accident or fire, just as a postnup is not hoping for a divorce. It is just about protection.
  • You ran out of time – Wedding planning is a huge undertaking. Between catering appointments and picking a venue to handling every detail regarding attire, lighting, entertainment, transportation, accommodations and more, most couples don’t have time to think about the legalities other than the marriage license. If your wedding was a whirlwind of planning (or even if you simply eloped), it is highly believable that you just did not have the time you have now to plan for your future.

No matter what your reasoning might be, if you are considering a postnuptial agreement, our law firm highly suggests you follow through. When it comes to your future, it is always better to plan ahead and not need it than to regret that you hadn’t.

Contact Our Firm for Reliable Legal Counsel

At the Center for Mediated Divorce, our Irvine postnup lawyers have helped numerous clients ensure that their future is secure. We are well-versed in numerous matters regarding divorce law, child support, child custody, and more. If you are in need of a Southern California law firm that you can trust, call on our team today.

You can reach us at our office by calling (714) 973-7917 or filling out an online form.

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