How a postnuptial agreement can help in marriage and divorce

Most people in California understand what a prenuptial agreement is. Signed before getting married, these powerful family law tools can protect individuals and their personal assets should they end up divorcing. However, not everyone is familiar with postnuptial agreements or why these documents may be helpful for new parents.

First, it is important to understand what a postnuptial agreement is. It is similar to a prenuptial agreement in regard to what it covers, but instead of being signed before marriage, it is signed afterwards. There are a number of reasons why a couple might choose to use a prenuptial agreement, including having children.

Postnuptials are very helpful when it comes to establishing obligations and rights when it comes to care arrangements, finances and more. Since having a child is an already-stressful situation, addressing these types of topics early on can be helpful. A couple can also tackle tough issues like property division at a time when things are relatively good and stable. Should they ultimately decide to divorce, emotions will not get in the way of rational decision-making.

Parents are not the only people who can benefit from postnuptial agreements. A couple who wanted a prenup but did not have time to sign one before the wedding may choose a postnup instead. Or if one spouse suddenly receives a sizable sum of money -- such as an inheritance -- a postnup can address how those funds will be used and treated both during marriage and in the event of divorce. If a couple is not sure whether they could benefit from a postnup, speaking with an experienced California attorney may help.

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