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What is a Postnuptial Agreement?

A Postnuptial Agreement is a voluntary marriage contract between spouses that is created after their wedding.

A Postnuptial Agreement can be used to help resolve issues in marriage by removing a source of disagreement over finances, assets, inheritances, children, etc.

Others, intended to enter into a Prenuptial Agreement but ran out of time before the wedding and want to address financial and legal issues in the event of a divorce or a death — what will be done with the house, investments, 401K, or other such marital assets.

The Postnuptial Agreement can be used to protect one or two specific areas, such spousal support, how the marital home will be split, debt, guaranteed beneficiary of a life insurance policy during the marriage, or even what happens to the family pet.

image002Secure Your Assets
Why a Postnuptial Agreement?
4 Good Reasons…
Reason 1
In California, it is assumed by law that half of all earnings, property accumulated from those earnings, as well as appreciation of assets during marriage, belong to your spouse upon divorce or death. A Postnuptial Agreement can accommodate changes to those entitlements.
Reason 2
A common reason for drafting the contract after marriage is a change in economic circumstances — one spouse may be completing a valuable degree, there may have been a change in the value of (or participation in) the family business, or there may be a change in the extended family.
Reason 3
A Postnuptial Agreement can aid in the process of reconciliation after a period of marital conflict. Once the agreement is in place to address financial arrangements, the couple can concentrate on other issues.
Reason 4
Some laws regarding marital property or the marital home are not very clear and each party’s ownership can depend on a number of different factors. This cause’s considerable uncertainty as to who will own what if a divorce occurs. A Postnuptial Agreement will eliminate this uncertainty.

Key Benefits of a Postnuptial Agreement

  • Save Your Marriage – help resolve issues in marriage by removing a source of disagreement over finances, assets, inheritances, children, etc.
  • Peace of Mind – California law is complex and may have unintended and surprising consequences. add certainty to what your assets and obligations are
  • Protect Your Assets – secure what is important to you
  • Sound Decisions – make rational financial decisions at a time whenyour judgment is clear and uncompromised
  • Flexible – personalize the postnuptial agreement to meet your needs
  • Emotional and Money Savings – save time, emotions, and costly legal battles and attorneys’ fees
  • Amendable – you are not locked into the terms of the Postnuptial Agreement, but rather can modify it with life changing events
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