Bay Area Postnuptial Agreements Attorney
If you regret not creating a prenuptial agreement before entering a marriage, a postnuptial agreement may be a good alternative. Our Bay Area postnuptial agreements attorneys can help you understand the benefits of this contract and walk you through the process of drafting a legally enforceable postnup that protects your interests. Contact Rodriguez Lagorio, LLP, for compassionate guidance today, from our family to yours.
Understanding the Differences Between a Prenuptial and Postnuptial Agreement in the Bay Area
Often, the wisest time to create a marital agreement is before entering a marriage. But California law also allows for postnuptial agreements created and signed during the marriage. These agreements may be applicable when a couple regrets not making a prenup or when their finances have changed significantly since the wedding.
Both prenuptial and postnuptial agreements can modify how property is treated in a divorce, but postnuptial agreements may be subject to greater scrutiny. Married spouses owe each other a fiduciary duty and are already in a legal, financial partnership. The court wants to ensure that agreements made during a marriage do not involve undue influence or coercion, especially in scenarios in which one spouse normally handles all finances.
For these agreements to be legally enforceable, the court will want evidence that both spouses had ample time to review the agreement before voluntarily signing it. Our attorneys will help you draft an agreement that meets these strict legal standards.
Our Postnuptial Agreements Attorney Services
Our Bay Area postnuptial agreements attorneys assist clients with drafting, modifying, and reviewing marital contracts. We usually represent one spouse and would advise the other spouse to retain their own legal counsel. This ensures that you have a legal advocate representing your interests and providing unbiased guidance.
Financial Disclosure Requirements
Postnuptial agreements should include full financial disclosures from both spouses. Even if you believe you have fully combined your finances since becoming married, we can help you explore any remaining assets that may have slipped your mind to make sure all property and debts are accounted for.
Marriage Agreement Modifications
Our family law attorneys can help you legally modify an existing prenuptial or postnuptial agreement to reflect changes to your financial circumstances.
Spousal Support Provisions
You may decide to include terms regarding how you would handle spousal support in the event of divorce. If you are in agreement about forgoing spousal support, for example, we will ensure that your contract reflects this.
Legal Contract Review
If you have already drafted a postnuptial agreement, it is wise to have an attorney review it before signing to ensure that it is enforceable and achieves your goals. Our postnuptial agreement attorneys can review your contract and recommend any adjustments to the language or terms.
Speak With a Postnuptial Agreements Attorney in California
The protections offered in enforceable marital agreements can provide significant peace of mind. Allow our Bay Area postnuptial agreements attorneys to help you draft or modify an agreement to reflect your wishes and interests. Contact Rodriguez Lagorio, LLP, today at 925-963-2709 for a consultation.
