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Bay Area Postnuptial Agreement Attorney

Anthoor Law Group guides married couples who want to protect their financial interests through a Postnuptial Agreement.
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What Is a Postnuptial Agreement?

If you and your spouse did not have a Prenuptial Agreement, but you are now ready to set the terms on your finances and assets, a Postnuptial Agreement is what you need. Like any contract, a Postnuptial Agreement should be in writing. California law also requires that each spouse should have the agreement reviewed by a lawyer. However, the law in California does not require the lawyer to be present when the parties sign the agreement. You will need guidance from our Bay Area Postnuptial Agreement attorney to ensure that your Postnup will be executed properly.

As the years go by, a lot of things can happen in your marriage. You and your partner may have better jobs, acquire more properties, or receive inheritance from loved ones. With these changes, it is a good idea to determine which assets fall under community properties and which ones are separate. This can be done through a Postnuptial Agreement. Contact the team at Anthoor Law Group today to learn more about the process.

Terms of a Postnuptial Agreement

Just like a Prenuptial Agreement, a Postnup cannot contain provisions on child custody and support. Anthoor Law Group’s Postnuptial Agreement attorney can guide you with the following:

  • Division of Assets and Liabilities
  • Determination of Community Properties
  • Determination of Separate Properties
  • Spousal Support or Alimony

When Is a Postnuptial Agreement Necessary?

Only you and your partner can decide when a Postnuptial Agreement is necessary. But there are indicators that could help you determine whether now or later is the right time. For example, if you or your partner has received or is anticipating a huge amount of inheritance, you might want to ensure that it gets listed as separate property. Having business interests and new assets might also prompt you to rethink the terms of your finances as a couple.

Before marriage, many couples do not bother getting a Prenup. They think that it is only for wealthy couples or those who have multiple properties. But as you grow and mature as a couple, you might acquire more assets and even begin to talk about finances more openly. Whenever you are ready to set down terms, our Bay Area Postnuptial Agreement attorney is always available to assist.

How a Postnuptial Agreement Attorney Can Help

To be valid, both Prenups and Postnups must follow the guidelines or requisites set by the state of California. A court will not enforce the terms if it is found that the Postnuptial Agreement was not prepared correctly.

Aside from being written, a Postnuptial Agreement must also be agreed upon and signed voluntarily by both parties. This means that each spouse has consented to the terms without the need to be coerced or intimidated. The agreement must also be notarized. A Postnuptial Agreement attorney can walk you through the whole process. Schedule a consultation with the team at Anthoor Law Group to learn more.

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Call (510) 794-2887 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

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WHY CHOOSE ANTHOOR LAW GROUP?

In the Bay Area, you need a legal team that you can trust to represent your interests and protect your rights. The attorneys at Anthoor Law Group give you the following benefits:

  • Fast Action, Avoiding Delays – We provide responsive, solution-oriented service to keep you informed and meet your needs, so you can move forward with your life. Our firm understands how to move through the legal process in a swift and timely manner.
  • We Are Efficient – We promote dignity, fairness, collaboration, and conversation to avoid adversarial interactions among parties.
  • Multilingual Staff – Our attorneys and staff are prepared to work with a diverse set of clients in the Bay Area, and we are members of both the American Bar Association and the Bar Council of India.
  • We Work With Your Future In Mind – Your family and your happiness are at stake, and we want to set you and your loved ones up for a better future.

Postnuptial Agreements As a Form of Protection

Since California is a community property state, couples that do not have a Prenup or Postnup Agreement will have to split their properties and assets equally upon divorce. With a Postnup, however, the couples can decide which properties are to be divided and which ones remain as separate assets. Such an agreement can avoid a lengthy and contested divorce.

Surely, no one enters a marriage and expects divorce down the road, but think of Postnuptial Agreements as an insurance policy. You might not need it at the moment, but it will offer you peace of mind during unforeseen circumstances.

Can Prenups Be Updated Or Revised?

If you and your spouse have a Prenuptial Agreement, but you feel that the terms do not reflect your needs anymore, you can have it modified. Fortunately, California law allows Prenuptial Agreements to be updated. Couples may choose to revise particular terms and provisions, which will then have to be approved by a family court.

Alternatively, you may choose to create a brand-new agreement in the form of a Postnup. Schedule a consultation with our Bay Area Postnuptial Agreement attorney to explore your options.

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Ask A Question,
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