What is the Difference Between a Prenuptial & Postnuptial Agreement?
Dec. 29, 2020
It is vital to consult with an attorney before entering into an agreement before marriage with the prospective spouse. Engaged couples need to carefully consider their rights and obligations upon marriage and what can be achieved by a prenuptial agreement.
This aspect of marriage planning is often uncomfortable because neither party in the romance stage wants to focus on what happens in the event of a divorce. Caution is required because we cannot predict what the future holds. In second or third marriages where one has accumulated assets or income and may have children from a prior relationship, it is valuable to review the prenuptial agreement option. Also, if one owns one’s own business, it is important to consider the agreement as a means of asset conservation.
If you believe this is the route to take, then it is important to sit down with me so I can review with you how to ensure that the agreement will be enforceable, including the necessary financial disclosures and proper provisions in the agreement. There cannot be any pressure to force the fiancé to sign, and there is a strict seven-day rule before the wedding that must be honored in this respect. If you are in the Los Angeles area, please call me to review these important considerations.
If you think that the prenuptial agreement you have should not be enforced in the divorce, please call me to discuss the strategy of blocking enforcement. They are contracts and must comply with the law about binding agreements that are fair to both parties. Execution under duress will defeat them. I have extensive experience in how to either enforce or defeat these claims. I can guide you about how to prevail.
To be safe, the agreement should be signed well in advance of the actual wedding and cannot be unconscionable to one party. Both parties are required to have legal representation or waive representation in a knowing manner. The agreement should be made in good faith with full disclosures. If you believe that your agreement did not adhere to these considerations, call me so we can review and evaluate the agreement and determine whether you have a case going forward.
Postnuptial agreements are contracts entered into by spouses during the marriage, and they can be enforced and be binding as with any other contract. I work with my clients to ensure that these agreements are legal and enforceable. The law will not support any coercive agreement where undue influence has been obtained against the other spouse. I will explain the rules and help you affect legally binding transmutations – change in the character of property from separate to community or vice versa – along with other types of transactions. Often parties enter into these agreements along with estate planning actions. I will review and prepare these agreements very carefully so your desired objectives are achieved and will be upheld.
Attorney Karen S. Brown focuses on providing her clients with quality representation. She ensures that you are well informed about your case and emphasizes hands-on communication with you to strategize an effective approach to the issues. When recommended, she will access a knowledgeable database of professionals for you to engage as qualified experts to support your claims. Contact her office to schedule a conference.