Already married? Post-marital agreements address property rights, financial obligations, and protect assets acquired during marriage. Expert postnup drafting for married couples seeking financial clarity.
Already married? Postnuptial agreements address property rights, transmutation of assets, and financial obligations under California Family Code §§ 850-853. Stricter requirements than prenups.
Convert community property to separate property (or vice versa) under Family Code § 852. Requires express declaration in writing with full awareness of transmutation.
Change Ownership →Save troubled marriages with postnups addressing infidelity, financial misconduct, or trust issues. Create accountability and financial security allowing reconciliation.
Rebuild Trust →Started business after marriage? Postnup can designate business as separate property, preventing spouse from claiming community property interest in divorce.
Protect Business →Received inheritance during marriage? Keep it separate property under Family Code § 770(a)(2). Prevent commingling and transmutation into community property.
Secure Inheritance →When one spouse sacrificed career for family, postnups can provide security: spousal support guarantees, property division formulas, or compensation for career sacrifice.
Fair Protection →Coordinate postnups with estate plans, trusts, and wills. Waive community property rights at death under Probate Code § 140-147, allowing separate estate planning.
Plan Estate →Postnuptial agreements face stricter scrutiny than prenups because spouses owe each other fiduciary duties. Courts examine for unfair advantage, coercion, and breach of trust.
Spouses owe fiduciary duty under Family Code § 721(b). Courts apply heightened scrutiny to postnups. We ensure agreements meet fairness requirements withstanding challenge.
Unlike prenups, postnups essentially require both parties have independent attorneys. We ensure proper representation preventing unconscionability claims under In re Marriage of Bonds.
Transmutation requires express declaration stating property character change. We draft compliant language preventing invalidation under Estate of MacDonald strict requirements.
Postnups signed during marital crisis face "duress" challenges. We document voluntariness, adequate time for review, and absence of threats or pressure.
Even stricter disclosure than prenups. Complete transparency about assets, debts, income streams. Material non-disclosure voids entire agreement under Family Code § 721.
Postnups need adequate consideration beyond marriage itself (already exists). We structure proper consideration: mutual promises, property transfers, or other valuable exchanges.
Strategic postnup drafting meeting California's strict requirements for marital agreements, ensuring enforceability and fairness.
Discuss marital situation, financial concerns, and goals. Explain heightened scrutiny for postnups. Assess whether agreement serves both parties' interests fairly.
Both spouses provide exhaustive disclosure: all assets, debts, income, separate property, community property. Stricter than prenup requirements. Document everything.
Draft agreement with adequate consideration, express transmutation language if needed, and provisions meeting fairness standards. Spouse's attorney reviews (mandatory independent counsel).
Sign voluntarily without coercion after adequate review time. Document voluntariness, understanding, and independent counsel. Notarize and maintain records proving enforceability.
Whether addressing changed circumstances, protecting new assets, or rebuilding trust, postnuptial agreements provide clarity and security. Contact us for confidential consultation.
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