A recent survey by the American Academy of Matrimonial Lawyers found that nearly half of its members have seen an increase in postnuptial agreements. A postnuptial agreement is agreed to after the marriage and delineates how assets will be divided in the event of divorce. A couple that agrees to a postnuptial agreement generally has the desire to stay married. Child custody, spousal support, and child support are some of the issues that can be covered in a postnuptial agreement.
Unlike prenuptial agreements, there is no Act that exists which applies to postnuptial agreements. This means that a postnuptial agreement may be held to a higher standard of scrutiny by the courts.
Writing A Postnuptial Agreement
When writing a postnuptial agreement, it is important to make sure that you and your spouse discuss a number of matters, including the following:
– Any joint assets and debts
– Future income
– Current existing concerns about your financial lifestyle
Here are some things to include in a postnuptial agreement:
– All liabilities, assets, future gifts, and inheritances
– Division of property and income
– Division of primary home and any secondary homes
– Who would inherit any gifts, trusts, and inheritances
– Who gets which property
– Child support, spousal support, and child custody terms
– Details regarding benefits, disability, and long-term care and insurance coverage
It is important for each spouse to have his or her own attorney when drafting a prenuptial agreement.
If you have a question regarding Family Law in Southern California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Southern California. After you have spoken with our Southern California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.