Post Nuptial Agreements

San Diego Divorce Lawyer

A post nuptial agreement is similar to a prenuptial agreement, except for the fact that the agreement is made after a marriage has already taken place. Unlike a prenuptial agreement, which is made before a couple actually gets married, a post nuptial agreement isn’t made until after a couple marries. In most cases, a couple may decide to opt for a post nuptial agreement after accumulating assets or wealth throughout the years of the marriage.

Many times people won’t enter into a prenuptial agreement when they don’t have a significant amount of assets, but over the years a couple may accumulate assets and property that need to be protected by a post nuptial agreement.

Things to Consider

There are several things that will need to be considered by the couple before entering into a post nuptial agreement, and the following should be done before seeking a lawyer’s help:

  • Discuss all the assets and debts of your relationship as well as future income opportunities.
  • Discuss the current financial status of your relationship including spending habits, roles and responsibilities and any concerns you have over money matters.
  • Be open and honest about your assumptions and expectations of how property would be handled in the case of death or divorce. Draw up and sign the agreement with the help of two lawyers. It is critical that you are each represented independently to maintain the contracts legal validity.
  • Revisit the contract periodically, especially if your lifestyle or financial status changes drastically. If you move to a different state, check to make sure the laws or legal precedents don't affect the status of your contract.

Help with Post Nuptial Agreements

At Claery & Green, LLP our San Diego divorce attorneys can help you and your spouse come up with a post nuptial agreement that will work for your situation, and we urge you to contact our firm to speak with a family lawyer to find out what can be done for both you and your spouse.

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