Los Angeles Postnuptial Agreement Lawyers

A postnuptial agreement is a financial contract defining how a couple's personal and community property will be distributed in the event of divorce, legal separation, or death. It is becoming increasingly common for couples who are already married to enter into a postmarital agreement, providing them with the same benefits as a premarital agreement. At Stolar & Associates in Los Angeles our attorneys have extensive experience in drafting and reviewing marital agreements. If you are considering a postmarital agreement and would like to speak with one of our lawyers, please contact our Beverly Hills office for a free consultation.

Why do couples enter into postmarital agreements?

• A common reason for drafting the contract after marriage is a change in economic circumstances – one spouse may be completing a valuable degree, there may have been a change in the value of (or participation in) the family business, or there may be a change in the extended family.
• A second use of a postmarital agreement is to aid in the process of reconciliation after a period of marital conflict. When the contract has eliminated financial questions the couple can concentrate on other issues.

What is the difference between a prenup and a postnuptial agreement?

There is little difference in the terms that can be included in a valid prenup and a valid postmarital agreement. However, the court will scrutinize a postmarital agreement under a more rigorous standard than a prenuptial agreement. For this reason it is extremely important to work with a lawyer who has the appropriate experience in marital contracts and in the region's courts when entering into a postmarital agreement.

What determines the validity of a postmarital agreement?

The court will examine the contract and consider three questions when deciding whether to enforce a postnuptial agreement:

• Was there a full disclosure of assets? (Disclosures for postnups are different than for prenups.)
• Was the agreement fair, when each spouse's contribution to the marriage has been considered?
• Was there any coercion (duress) during the process of drafting the postnuptial agreement?

Attorneys at our Los Angeles firm will be happy to provide a free consultation to help you determine whether you should draft a postnuptial agreement. We represent clients in Southern California courts throughout Los Angeles County, Ventura County, San Bernardino County, Riverside County, and Orange County from our Beverly Hills, California, office. When you call 310.288.1828 or e-mail our firm you will talk with a lawyer, not just an assistant or paralegal.