What Are Some Important Considerations For Long Beach Postnuptial Agreements?
To avoid future disputes with your spouse and potential legal tussles over ambiguity in your postnuptial agreement, there are some important factors you must consider.
| Your Agreement Must Be A Written Document | Your postnuptial agreement cannot be an oral/verbal statement. While other states may allow a verbal agreement, California courts strictly mandate a written document as an official record of your postnuptial agreement. |
| You And Your Spouse Should Be Represented By Their Respective Attorneys | To ensure fairness as mandated by California laws, it is advisable that you and your spouse get separate attorneys to avoid conflict of interest. This way, you can also ensure that your agreement is not legally invalid and is upheld by California courts in the event of a divorce |
| Fiduciary Duty Towards Your Spouse | While individuals think solely about themselves in a prenuptial agreement, the attention shifts towards their spouse after marriage. This is especially pertinent when one spouse has given up their educational and career opportunities to support the other. Thus, you must disclose all your assets, debts, liabilities, income, business valuations, and other sources of wealth in your postnuptial agreement for it to be legally enforceable. |
| Postnuptial Agreements Are Not Bound By Any Time Limits | Prenuptial agreements have a mandatory waiting period of 7 days within which the other party is supposed to review and sign the document upon agreeing with it. However, postnuptial agreements have no such requirements. But, that does not mean you can rush into signing your postnuptial agreement. You must allow a healthy waiting period to your spouse within which they can review the postnup before finalizing it with their signature. |
Our Step-By-Step Process
No two marriages are alike, neither should be their postnuptial agreements. Our approach towards drafting your postnup truly reflects your goals, priorities, rights, and interests so that you remain secured, long after your marriage and divorce.
Here is our methodical procedure to help you move forward with gumption:
| Step 1 Gathering Your Financial Information | Since California courts demand full financial disclosures from both parties to consider a postnup legally enforceable, we cannot skimp in this step. Therefore, we would require you to tell us about all your assets, debts, income, liabilities and other valuations that could influence your family’s future after your divorce. |
| Step 2 Drafting Your Postnup | Drawing from our 31 years of experience and counting, we draft a clear and compelling postnuptial agreement that is compliant with California laws. At this stage, we seek any clarifications necessary and consult with you to ensure that we have included everything that could cover your interests in the long-term. |
| Step 3 Filing for Divorce in Long Beach | Although California courts mandate a 7-day review period for prenuptial agreements, there is no such requirement for postnups. Yet, we do not believe in rushing to the chase and take our time to ensure that both you and your spouse have gone over the details of the agreement before finalization. Here, we also address any questions and make revisions according to the parties’ intentions. |
| Step 4 Review and Revision | As soon as both parties agree to the document, we will ask you to sign the document as your final stamp of approval to ensure the agreement is legally sound and ready to be included in official legal records. |
Why Choose Cathy Iles As Your Postnuptial Agreement Lawyer?
Postnuptial agreements serve several benefits for couples, especially those with transitioning assets, new business interests, evolving family priorities, and those that require inheritance planning. The Law Office of Cathy Iles understands your needs, ensures clear communication at every stage, and helps you get ethically sound and legally enforceable postnuptial agreement that works for you, with you. Here’s why we can be a good fit:
- 31+ years of experience helping Long Beach couples get legally sound agreements
- We help secure your assets in the event of a divorce
- We organize full financial disclosures in a clear and compliant document
- We promptly and professionally coordinate with the opposing party’s attorney
- We listen to your concerns and answer all your questions
- We keep you informed at every stage of the process so that you feel confident all along
- We work to ensure complete legal compliance with California law and local court procedures
- Our compassionate advocacy for your rights ensures that you get a respectful, collaborative environment within which you can keep your concerns while we minimize conflict.
- Get a postnuptial agreement suited to your current life and future goals
Frequently Asked Questions
How does community property affect these agreements?
California is a community property state, meaning most assets acquired during a marriage are owned equally by both spouses. A Long Beach postnuptial agreement allows couples to “opt out” of these default state laws. By drafting a formal contract, you can designate specific assets, like a family business or real estate, as separate property rather than community property. This provides a customized financial roadmap that overrides standard California Family Code partitions. Without such an agreement, a judge may be required to split everything 50/50, regardless of who earned the income or managed the specific asset throughout the union.
Are postnuptial agreements enforceable in California?
Postnuptial agreements are enforceable in Long Beach, provided they meet strict legal standards. California courts view spouses as having a “fiduciary duty” to one another, meaning they must act with the highest degree of good faith and fair dealing. For an agreement to hold up, there must be no evidence of coercion, fraud, or duress. Both spouses must provide a complete and accurate list of all assets and debts. Furthermore, if the terms are deemed “unconscionable” or extremely unfair at the time of signing, a court may choose to set the entire agreement aside during divorce proceedings.
Can a postnup decide child custody or support?
No. In Long Beach and throughout California, postnuptial agreements cannot legally determine child custody, visitation schedules, or child support amounts. The court retains the ultimate authority to decide these matters based on the “best interests of the child” at the time of the separation. Any clause in a postnup that attempts to limit a parent’s right to custody or waive their obligation to pay child support is considered a violation of public policy and will be struck down. These agreements are strictly intended for financial arrangements, such as property division, debt allocation, and potentially the waiver of spousal support.
Do we both need separate lawyers for the agreement?
Having independent legal counsel is highly recommended for a Long Beach postnuptial agreement. If the agreement includes a waiver or limitation of spousal support (alimony), California law requires that the party waiving that right be represented by an independent attorney at the time of signing. Even for simple property division, having separate lawyers ensures that both spouses fully understand their rights and that the “fiduciary duty” requirement is satisfied. This significantly reduces the risk of the agreement being challenged or overturned later due to claims of unfairness or lack of understanding.