(951) 249-7022

Temecula Postnuptial Agreements Attorney

If you and your spouse divorced today, what would you stand to lose? If there is no prenuptial agreement in place, the answer is probably unclear. In the event of a divorce, assets could be in jeopardy. You could lose your home, financial assets, custody of children, peace of mind, and everything in between. If there was no prenuptial agreement, you and your spouse can agree upon a postnuptial agreement that is equally as effective.

Who Needs a Postnuptial Agreement in Temecula?

Postnuptial agreements are useful for individuals and couples in all walks of life. Much like prenuptial agreements, postnuptial agreements are useful for the following individuals:

  • Those who have significantly more financial assets than his/her spouse.
  • Those with a spouse with major debt or financial obligations.
  • Spouses with children from a previous marriage.
  • Someone with a spouse who entered the marriage with distinct personal assets.
  • Someone set to receive an inheritance in the future.

About Postnuptial Agreements

Postnuptial agreements are unique in their own specific ways. Some of the factors you will need to consider before entering into a contract include:

  • Fiduciary duty. Prior to marriage, each spouse is only required to look out for their own rights and wellbeing. Marriage, however, establishes a fiduciary duty for spouses to consider each other’s interests.
  • Different rules apply. While a prenuptial agreement requires separate lawyers for each spouse, there is no such rule for postnuptial agreements. However, it is still suggested that each spouse use a separate attorney to gather his or her thoughts and ensure his or her interests are protected.
  • Time frame. Again, postnuptial agreements differ from their counterpart in that there is no required waiting period for approval. Despite this, attorneys usually suggest their clients establish a waiting period of a few days to think about the potential agreement before signing.

The Benefits of a Postnuptial Agreement

Signing a postnuptial agreement is not always the result of forgetting to sign a prenuptial agreement. Many people prefer it for its own set of benefits, which include the following:

  • Safety. Bringing up the idea of a prenuptial agreement prior to marriage can setoff unnecessary arguments and fights. However, once you have been married for a few months or years, it can be easier to discuss a postnuptial agreement.
  • Requirement. A postnuptial agreement isn’t always optional. For professionals starting a new business or transferring ownership, other partners often require everyone to sign a postnuptial agreement with their spouses to ensure they cannot come after the business in the case of divorce or separation.
  • Infidelity. A postnuptial agreement can be an effective way to protect against infidelity. The stipulations of the contract can lay out specific punishments for cheating and prevent the other spouse from obtaining assets in a divorce settlement following an infidelity.

Postnuptial Agreement Attorney

For the average individual, drafting and filing a postnuptial agreement is complicated and time consuming. Postnuptial agreements can be complicated because they often involve property rights and titles or come with tax implications. For an experienced family law attorney, the process is simple and streamlined. Instead of exposing yourself to unnecessary risk, consider using the services of a seasoned, local Temecula attorney.

Wilkinson & Finkbeiner

Unfortunately, our firm no longer drafts or reviews premarital or post-marital agreements, except in very limited circumstances.

Covid 19 Update: We are accepting new cases and we handle everything electronically and remotely, so our clients never have to leave their homes. Click here to learn more.

Covid 19 Update: We are accepting new cases and we handle everything electronically and remotely, so our clients never have to leave their homes. Click here to learn more.