What is the total cost for a postnuptial agreement in Orange County?

The total cost for a postnuptial agreement in Orange County depends on how complicated your case is and what the total years of experience are of the attorney you plan to hire. The costs can significantly increase for the number of times you meet with your attorney after the initial consultation, the total number of revisions made, time spent to draft the agreement, and any negotiations required with your spouse and their attorney. At JOS Family Law, we have 55 years of experience drafting postnuptial agreements for couples throughout Orange County. Our pricing is fair and transparent, so you do not receive any shock from any hidden charges.

Can I make a postnuptial agreement on my own?

While it is possible to create your own postnuptial agreement, it is not legally recommended. Firstly, when drafting a postnup yourself, you may miss one or more legally enforceable components that make a postnuptial agreement highly effective during a divorce. Without consulting an experienced and knowledgeable attorney, such as one from JOS Family Law, you risk facing unnecessary disputes during a future divorce or losing assets and property that could have been otherwise protected.

What can I not include in my postnuptial agreement?

Provisions that violate California’s state laws or public policies cannot be included in your postnuptial agreement in Orange County. One example of this is trying to waive child support obligations before expecting a divorce. Family dynamics may change completely by the time you divorce, and the court will always decide in the best interests of the child. Therefore, the court does not allow decisions to be made months or years in advance of a potential divorce.

What invalidates a postnuptial divorce agreement?

A postnuptial agreement can be voided on several grounds, especially if several details are found to be unenforceable. For example, if it is discovered that one of the spouses was coerced or forced into signing the agreement, or if certain financial information was concealed from them, then the illegality of the situation will void everything that was outlined in the agreement.

Can JOS Family Law help me with my postnuptial agreement?

Absolutely! If you and your spouse are considering a postnuptial agreement, now is the time to connect with our highly skilled and experienced Orange County postnuptial agreement lawyer. Our experience in helping married clients across Orange County get a legally astute postnuptial agreement spans decades, and we would be honored to serve you and your spouse in drafting the same. Contact us today or schedule a consultation to get started.

Orange County Postnuptial Agreement Lawyer

Benefits of Postnuptial Agreements

More than being a pessimistic instrument that signifies a lack of trust, a postnuptial agreement can help married couples prepare for the future and stay loyal to each other. Here’s how:

Easier to Discuss

A postnuptial agreement is easier to bring up after marriage, when both spouses have gotten comfortable with each other. It is far more difficult to introduce before marriage, when both spouses rarely know each other and may be nervous to start a new life. Besides, couples who are married young may not be adequately prepared to have the kind of financial discussions necessary to prepare for a prenuptial agreement. As they age together, they may feel more confident about discussing money.
Protection Against Infidelity

A postnuptial agreement can serve as a protection against unfaithfulness by outlining what would happen if one of the partners decides to indulge in cheating.
Hedge Against Overspending

After two people are married, they can not only have more meaningful conversations about money, but also observe each other’s spending habits. That way, a postnuptial agreement can state the division of assets based on each other’s spending with mutual consent easily achieved.
Changes In Income & Assets Factored

Prenuptial agreements work by predicting the future. Postnuptial agreements focus on how the income and assets have grown throughout the marriage, including inheritances, starting or growing a business, and investments.
Protecting Beneficiaries:

Individuals with children from previous marriages can protect their children’s interests in specific assets, such as family heirlooms, that have been bought or inherited throughout the marriage.
New Businesses

The establishment of a new business partnership may require a postnuptial agreement to ascertain that the business will not be split up or other claims will not be made on it post-divorce.

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What Are The Most Common Components of a Postnuptial Agreement?

When drafting a postnuptial agreement, you might want to make sure that all the common elements are addressed beforehand to avoid disputes after the divorce. Here are some of the elements that should be included in your postnuptial agreement:

1. Division of Assets and Marital Property

Should a divorce occur, this can be one of the most contentious issues because couples could own several assets together (deemed community property) versus what they owned individually before marriage (called separate property). Since California is a community property state, the default norm is that all marital property shall be divided 50/50 between both spouses unless a legally-recognized document states otherwise. That document is called a post-nuptial agreement, which should detail exactly how marital and individual assets should be divided between the spouses during a divorce proceeding. Such property can include real estate, savings accounts, financial investments, jointly-operated business, and vehicles.
2. Debt Allocation

Marriages include not just shared assets but also shared debts. In a postnuptial agreement, details need to be finalized about the debt owed to certain financial institutions and how they will be divided between both parties. Such debt can include mortgage debts, student loans, and credit card balances, among others. This will ensure that each party takes a fair allocation of the debt in the event of a divorce to protect both parties from unnecessary financial burdens.
3. Spousal Support

After a divorce is finalized, spousal support can include payments made from one spouse to another to create a level-playing field for partners with unequal earning capacities. This support helps the lower-earning spouse transition into a life of their own from the financial support they receive. However, conversations on spousal support can be highly contentious as one spouse may feel that they are being financially taken advantage of while the other may feel that they are not being supported enough for all their needs. Postnuptial agreements can address spousal support in advance before a divorce, minimizing conflict if an actual divorce does take place.
4. Inheritance Rights

This can be another contentious issue to discuss as often inheritance rights involve family heirlooms or assets that can be deeply personal to an individual. However, this is again where a postnuptial agreement can come to the rescue. Within the agreement, each spouse can have their inheritance rights clarified to ensure that the assets important to them and their respective family are protected in a divorce proceeding. This step can help protect family legacies while maintaining harmony among heirs.
5. Retirement Benefits

Married couples often rely on their joint retirement accounts and pensions to ensure that they are financially supported in the later years of their lives. To protect their money that they intend to use post-retirement, couples can plan specific terms and conditions on how they intend to split their retirement funds
6. Child Support and Custody

Although child support and custody cannot be decided pre-divorce through a postnuptial agreement, you and your spouse can still include certain provisions that will act as a framework in case you both decide to divorce. Although the Orange County judge will always decide in the favor of the “best interests of the child”, your postnuptial agreement’s details can still be taken into consideration, provided that they prove to align with the most advantageous arrangement for the child.

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What to Include in Your Postnuptial Agreement?

For your postnuptial agreement to be legally enforceable, you must include certain provisions.

First and foremost, you must ensure that your postnuptial agreement is in written form. California courts do not uphold verbal agreements, so it advised that you consult an experienced Orange County Postnuptial Agreement Lawyer from JOS Family Law to get your agreement in written form. Next, you must ensure that your postnuptial agreement contains:

Provision to give the other spouse your full financial disclosure that will influence the other party’s decision-making
List of current assets held by both spouses, including earnings, properties, inheritances, dividends as well as current liabilities such as loans or debts. This provision should discuss how the assets and liabilities will be likely divided.
A spousal support stipulation
Which spouse will remain in the property versus which one will move out post-divorce
How will benefits such as insurance and disability be divided

Some of these provisions can be extremely complicated and overwhelming for both you and your spouse. Therefore, you should not hesitate to contact an Orange County Postnuptial Agreement Lawyer at JOS Family Law.

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Some Important Considerations Regarding Postnuptial Agreements in Orange County

Before entering a postnuptial agreement in Orange County, there are a few important considerations you must keep in mind to avoid future disputes

The Agreement Must Be A Written Document

Even if other states allow verbal agreements in certain situations, for your postnuptial agreement to be legally enforceable in California, you must submit it in writing for legal consideration.

Both Spouses Should Have Separate Legal Representation

Each spouse must be represented by their own lawyer to ensure that both sides are fairly and equally represented by legal professionals. This will increase the chances of the postnuptial agreement being legally enforceable in the future.

Uphold Your Fiduciary Duty Towards Your Spouse

While you focus entirely on yourself in a prenuptial agreement, the focus shifts towards your spouse’s best interest in a postnuptial agreement. Therefore, the law would require you to disclose all your assets and debts, failing to do which, your postnuptial agreement can be invalidated later.

Time Limit

Although a prenuptial agreement requires a waiting period of 7 days within which the other spouse is supposed to review the provisions and then go ahead with their decision, a postnuptial agreement is not bound by any such mandate. However, it is wise to not rush into turning in such an important contract and provide a healthy waiting period to your spouse.

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair, and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there who overbill for their services. I truly recommend them.

Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

Orange County Postnuptial Agreement Lawyer

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Benefits of Postnuptial Agreements

Easier to Discuss

Protection Against Infidelity

Hedge Against Overspending

Changes In Income & Assets Factored

Protecting Beneficiaries:

New Businesses

What Are The Most Common Components of a Postnuptial Agreement?

1. Division of Assets and Marital Property

2. Debt Allocation

3. Spousal Support

4. Inheritance Rights

5. Retirement Benefits

6. Child Support and Custody

What to Include in Your Postnuptial Agreement?