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.
Sagaria Law, P.C. is an established and well-respected family law firm located in Northern California that can help you draft your postnuptial agreement. We also represent clients who are in need of legal services regarding prenuptial agreements, divorce, child support, child custody, alimony, adoption, and other family law matters.
Many of our clients come from Monterey County, Alameda County, Santa Clara County, San Benito County, Capitola, Santa Cruz, Watsonville, and Scotts Valley. To schedule your free consultation, contact Sagaria Law, P.C. today.
First love, then marriage, then postnuptial contract, Ventura County Star, February 14, 2007
Creating Postnuptial Agreements, Equality in Marriage
Related Web Resource:
10 Questions You Always Wanted To Ask About Postnuptial Agreements, Divorce.net