A post-marital agreement, also known as a post-nuptial agreement, is a document that the already-married spouses agree to in order to predetermine property allocation and spousal support if the marriage ends in a divorce. The document may also establish the payment of attorney’s fees.
- Post-marital agreements are similar to premarital agreements except that the agreement is entered into after the parties are already married.
Why Might a Couple Want a Post-Marital Agreement?
There are endless reasons why spouses might enter into a post-marital agreement:
- The status of the relationship may have changed
- One of the parties may be ill or terminally ill
- Family matters may have changed for one or both spouses
- Job status and income may have changed
- The spouses may be planning a dissolution of marriage
- Sound financial planning
- Financial investments may have changed
- Property investments may have changed
- Couple may be moving to a non-community property state
- Endless personal reasons
It is often considered wise to create a post-marital agreement. As the marriage progresses and the parties have a better grasp of what the future may bring, a post marital agreement may bring peace of mind and surety that otherwise would not exist. It is highly recommended to obtain the skilled and experienced legal services of a family law attorney to draft your post-marital agreement.
Post-Marital Agreements Require Skilled Craftsmanship
Both premarital and post-marital agreements must address the particular issues of the spouses. Individuals have their own reasons for creating premarital and post-marital agreements. Post-marital agreements must properly address the property that is to be divided if the marriage ends in a dissolution:
- It is essential to pay particular attention to the details in the construction of a post-marital agreement
- Retirement funds must be addressed
- All investments and businesses must be properly valuated if an accurate division is to be made; these may be stipulated in the document
- Full disclosure of all assets is required
- Full disclosure of all income and debts is required
See your family lawyer to discuss the intricacies of your post-marital agreement. The purpose of this page is introduce the reader to the basic concept of the post-marital agreement.
Free Post-Marital Agreement Phone Consultation with a San Diego Family Law Attorney
If you are considering getting a post-marital agreement, the family lawyers at Neumann Family Law, APC are prepared to help you in all matters pertaining to this important decision. We will discuss your particular circumstances and help you understand what steps are required and how to proceed. We are proud of our accomplishments and we genuinely enjoy helping our clients. We understand how this document may help you in your life, and we are focused on the task at hand. For a consultation with a San Diego Family Law Attorney, call us at (619) 282-1107, or (760) 480-8400.
