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5 Thing You Need to Know About Post Nuptial Agreement

If you are about to get married, the last thing you want to do is think about what would happen if your marriage went south. It is important to keep in mind that you and your spouse both need to be protected in case things go wrong. One of the most important things you can do to protect yourself is to make sure that your post-nuptial agreement attorney in Valencia has your best interests at heart when drawing up this agreement. 

If you’re wondering what you need to know about post-nuptial agreements, these five essential points will provide the answers you seek.

 

1) What Is Post Nuptial Agreement?

In a divorce, a post-nuptial agreement is a contract between spouses that legally defines what property is owned by whom. 

In general, if you get married with no prenuptial agreement, your assets will be divided according to state law. This may lead to an unfair division of assets.

 Post nuptial agreements can prevent that from happening and ensure that you do not lose more than necessary in a divorce. Discuss post-nuptial agreements with a post-nuptial agreement attorney in Valencia today!

2) Benefits of Post Nuptial Agreements

A post-nuptial agreement is a written contract between a married couple. Both spouses can draft a post-nuptial agreement in anticipation of marriage or after marriage. It can be done only if there is already a prenuptial agreement in place. 

There are many benefits of these agreements for both spouses, especially when going through a divorce. 

 

For example, most courts will consider divorce proceedings and enforce such an agreement. They can do that only if it meets legal requirements and terms.

3) When to get Post Nuptial Agreement?

The decision to get a post-nuptial agreement is ultimately one that should be based on specific circumstances. 

If you’re considering getting one, it’s important to first consult with an experienced post-nuptial agreement attorney in Valencia. They can advise you on whether it’s right for your situation. 

The best way to decide whether or not a post-nuptial agreement is worth getting is by first asking questions to your attorney.

4) How Much Does a Post-Nuptial Agreement Cost?

Postnuptial agreements (also known as postnups) are not nearly as common in California as prenuptial agreements. However, even if you aren’t currently considering marriage. It may still be a good idea to think about property division in case of divorce or death.

 In general, most legal matters cost anywhere from $200-$400 per hour. This means that an hour-long consultation with an attorney will probably cost around $200-$400. 

While they can vary greatly depending on your location and lawyer. Expect to pay at least a few hundred dollars for a post-nuptial agreement.

The more complicated your estate is. For example, if real estate is involved, expect to pay more than someone who has relatively simple assets.

5) Hiring A Post Nuptial Agreement Attorney

  • Check your state for requirements for a post-nuptial agreement

These rules can vary, but in some cases, you may need both parties’ signatures notarized, or you may have to file an affidavit with court officials before presenting it to your spouse. 

A skilled post-nuptial agreement attorney in Valencia will know what’s required in your state. When hiring an attorney, look at their past case results and experience handling cases similar to yours.

  • Understand there are pros and cons for both spouses

For example, many states don’t allow a spouse to seek spousal support if he or she has been married less than five years. 

And even if those rules do apply, they don’t always prevent a person from receiving support from his or her partner during those first few years of marriage—it just means that person won’t be able to seek monetary compensation as part of a divorce settlement down the road.

  • Discuss child custody

This document can specify which parent is responsible for paying child support and how much that is going to be each month/year/every other year.

  • Review alimony guidelines

A post-nuptial agreement can also outline who will pay alimony in your case should it come to that point, either because you cannot afford to pay your ex-spouse or because you are unwilling to do so after your split. 

The money would typically come out of one party’s assets in exchange for getting assets valued in an equal amount following your divorce settlement. 

Hope this article helps you to know five important things you should know about post-nuptial agreement. It is better to hire a post-nuptial agreement attorney in Valencia for your case.

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