Thomas Law OfficesCompassionate Guidance. Powerful Legal Advocacy.
Call Today For a Free Consultation
LA 818-538-8637 OC 949-342-8426
Menu
Practice Areas

It's not too late to sign a marriage agreement

Even if you and your spouse never considered signing a prenuptial agreement, you probably understood the purpose of these contracts, at least in part. Although some people may think of prenuptial agreements as a way to protect your assets from your spouse in the event of a divorce, prenups have many more positive uses that can benefit both partners.

However, if you are already married, you may think that ship has sailed, and a prenuptial agreement is not a viable option for you. You may be interested in learning more about postnuptial agreements, which are contracts similar to prenups but made for married couples.

Why might I need a postnuptial agreement?

Even just a few years after the wedding, your marriage may be very different than it was at the start. It is not uncommon for the direction and goals of a couple to evolve as new opportunities arise. Other factors may change, such as the level of trust between you and your spouse. A postnuptial agreement can address many of those issues. Some of the most common reasons why couples sign postnuptial contracts include the following:

  • You intended to sign a prenuptial agreement but never got around to it.
  • You or your spouse has acquired a significant amount of individual wealth, such as an inheritance.
  • One of you has established a business and wants to keep it separate from your family finances.
  • You and your spouse wish to clarify certain lifestyle issues, such as how you will make, spend or save money.
  • One of you has taken or is considering taking on significant debt, such as to start a new business, and wants to protect the other from liability.

Sometimes, especially among celebrities and the very wealthy, a postnuptial agreement arises from an episode of adultery. For example, if your spouse has been unfaithful, you may request a postnuptial agreement that requires your spouse to pay a certain amount of money if he or she ever cheats again.

Creating a binding agreement

Postnuptial agreements are more difficult to prove valid in a California court. A judge will want to verify that you and your spouse have fully disclosed everything that is relevant to your agreement. Additionally, if there is evidence that one of you signed under duress or that the agreement is unfair to either partner, a judge may be reluctant to uphold your contract.

One way to improve the chances of receiving the approval of the court is to seek individual legal counsel before putting your signature to the document. An attorney can help ensure the language in the contract is enforceable and that the agreement protects your best interests.

No Comments

Leave a comment
Comment Information
818-538-8637
949-342-8426

Woodland Hills Office
21800 Oxnard Street
Suite 850
Woodland Hills, CA 91367

Toll Free: 818-538-8637
Phone: 949-342-8426
Map & Directions

Newport Beach Office
620 Newport Center Drive
Eleventh Floor
Newport Beach, CA 92660

Toll Free: 949-342-8426
Phone: 949-342-8426
Map & Directions

  • Best Attorney in the Valley!

    Kendra Thomas is one of the best attorneys I have ever worked with. Kendra and her team at Thomas Law Offices are compassionate and able to get to the heart of the matter. Not only can she quickly take in information, she can also think outside of the box to implement an effective game plan…. - Joseph, a Corporate client

  • Amazing Family Law Advocate!

    Kendra is a very thorough attorney. She paid great attention to detail. She is a pitbull in the courtroom and received compliments from the judge. We won a majority of our motions. I found her to be reasonable and understanding. I highly recommend her!- William, a Divorce client (5 star review)

  • One of the Best Advocates Around!

    I had a complicated case with a lot of assets. We had a business to divide and could not make heads or tails of it. My previous
    attorney messed up the case. However, when we found Thomas Law, the attorney was able to get to the bottom of how our assets should be divided.
    When Ms. Thomas presented the case, the judge realized that she knew her stuff. I had a very good experience with this firm.- Mae, a Family client (5 star review)

  • Competence! The Best Family Law Attorney Around!!

    When I first came to Kendra, was in a panic state. However, after meeting Kendra, I panic no more. I was in a case, where I was being worked “real good”, with an ex who is relentless with absolutely no morals. However, after being in the courtroom with Kendra, I do not believe that he will ever take me back to court. We got everything we wanted. Kendra knew what to ask and how to strategize the case. I would HIGHLY recommend Kendra to anyone involved in a high conflict divorce and/or child custody dispute.- Sharon, a Family client (5 star review)

  • BRILLIANT ATTORNEY THAT SEEKS JUSTICE FOR ALL

    I am so grateful to have found Attorney Kendra Thomas to help me through a difficult divorce. She was amazing in getting me the justice I deserved. I have never heard of an attorney that returns calls promptly however Ms. Thomas and her assistant return calls in the same day. She is brilliant both in her intellect and strategy. I will continue to use her in ANY legal matter I am engaged in.- Mary, a Family client (5 star review)

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy