Santa Barbara Post-Marital Agreements Attorney

Postnuptial Agreement Attorney

A Postnuptial Agreement is an agreement between two persons who are married to each other about how they will hold title to property in the future, and how they will hold the property they presently own. It also sets out how their property will be divided in the event the marriage ends. It can also address for how spousal support, if any, will be decided in the event the marriage ends in divorce.

Does California Honor a Postnuptial Agreement?

This type of provision is new to California and the limits are still being defined by the courts. Until recently it was not possible to contractually agree on spousal support obligations or waive them under California law. It is still not possible to decide issues relating to custody of children or the support of children in an agreement that are not subject to court approval. A Postnuptial Agreement is similar to a Premarital Agreement, but is entered into after marriage rather than before marriage. Because of the duties the law requires of married persons towards each other is different than the duties unmarried parties have towards each other, how the agreement is interpreted and enforced may be different. It is much preferable to enter into an agreement prior to marriage, but an agreement after marriage is better than no agreement at all. Because of the complexity of California law dealing with how property is divided after a divorce, if one of the parties to a marriage has a pre marital business, or any significant assets, or substantial income, it is imperative that a premarital or postnuptial agreement be negotiated and signed.

By doing so, it will not only allow the parties to become informed about how marriage can affect their estates, but can save a small fortune in legal fees in the event of a divorce. Because each person’s situation is unique, and the law complex and difficult, a premarital or postnuptial agreement should be tailored to each parties particular circumstances and prepared by a qualified attorney.

Is a Postnuptial Agreement Better Than a Prenup?

Both types of marital agreements seek to provide protections and settlements for finances and other circumstances that could face married couples in the event of a death or divorce. Prenuptial agreements are traditionally stronger agreements because courts take into consideration any evidence of coercion between the spouses. There is an assumption that this will be less likely to happen prior to a marriage than during one. Postnuptial agreements are also seen as less enforceable.

That does not mean, however, that there is no benefit to having one in place. Some believe that proposing the idea could be seen as a sign that the marriage is beginning to fail. However, it could simply indicate that a couple did not create a prenup and wishes to have agreements in place just in case. This can make any divorce process easier, should it arise.

How Much Does a Postnuptial Agreement Cost in California?

As with anything, the circumstances and details of your unique situation could change the costs associated with your postnuptial process. Generally speaking, a postnuptial agreement could cost between $1,000 and $3,000. The more complex the agreement, the higher the potential costs.

Contact Santa Barbara Spousal Support Attorney

Because each person’s situation is unique, and the law complex and difficult, a premarital or postnuptial agreement should be tailored to each parties particular circumstances and prepared by a qualified Santa Barbara spousal support attorney at Drury Pullen Law. Call (805) 879-7523 or email us.