Postnuptial Agreement Lawyer in San Diego
Can I Get a Prenup if You’re Already Married?
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
- 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
- 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
Help with Post Nuptial Agreements
At Claery & Hammond, LLP our 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.