A postnuptial agreement (also commonly called a post-marital agreement) is a legally enforceable contract between you and your spouse that defines your property rights and obligations. Postnuptial agreements can also provide and eliminate or limit the need for spousal support, property division, and other such provisions in the event of a divorce.If your spouse presents you with a postnuptial agreement, or you and your spouse want to enter a post-marital agreement, call us today so our attorneys can help protect your rights and assets.
Both parties must be represented by an independent attorney throughout the postnuptial agreement drafting and signing process.Any postnuptial agreement entered without attorney representation is invalid under California Family Law. Having an experienced attorney guide you through the process is imperative. Many attorneys find postnuptial agreements too complex and tedious of a legal document to draft or review, so finding an attorney who will give your post-marital agreement the attention it deserves can be challenging. The attorneys at Cianci Law, PC, have been drafting and reviewing these contracts for years and are ready to help you.
Spouses are fiduciaries to one another. As such, you’re entitled to a complete and accurate disclosure of your spouse’s assets and debts, as well as the community assets and debts you hold as a couple.You should be provided with statements and accountings, and be prepared to provide the same for your spouse. One party may not take unfair advantage of the other, or the postnuptial agreement will be invalid.
Transactions between spouses are complex and can be stressful to navigate successfully. Many people have a negative perception of postnuptial agreements, so handling the postnuptial process with care and making the benefits of a post-marital agreement evident is essential.
We want to make the postnuptial agreement process as seamless as possible. We’ll work with you and your spouse’s attorney to negotiate your rights and obligation, as well as your assets and support obligation in the event of a divorce. We can also help you transmute property from separate to community property, or vice versa, depending on your wishes.
It’s important to remember that a postnuptial agreement should mirror the terms of your pre-existing estate planning documents. If you have an existing estate plan and need to update it after you enter a postnuptial agreement, call us, and we can help you and your spouse draft new estate planning documents.
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