Postnuptial Agreement Attorney in Newport Beach
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A postnuptial agreement is a written settlement that spouses can choose to make after they are already married. These are similar to a prenuptial agreement aside from the fact that they are made during the marriage rather than before. This type of agreement is often used to fix something in the marriage or to protect assets. The terms in the agreement will specify the ways in which each spouse’s assets will be dealt with throughout the marriage and in the event of a divorce or separation.
A postnuptial agreement can also be called a marital agreement or postnup. Postnups oftentimes receive a negative connotation that shows doubt in a marriage. In reality, couples commonly choose to make this agreement as a risk management action. Financial issues can cause countless problems in a marriage, and removing the uncertainty can help relieve tension. Also, this type of agreement can be used to make sure the assets are accounted for if one spouse were to pass away.
Call our Newport Beach postnuptial agreement lawyer at (949) 806-5649 or fill out our online contact form today to schedule a consultation and learn more about your options.
Reasons to Create a Postnup in California
A couple can choose to draft a postnup for various reasons.
Some of the most common factors that have led to the creation of a marital agreement include:
- Couples want to resolve issues in the marriage
- Spouses are looking to remove disagreements about assets, children, etc.
- One spouse’s financial status changes
- One spouse experiences a career change
- A spouse receives a large inheritance
The goal of this agreement is to remove conflict while trying to promote more harmony in the marriage. They may not have any intention to divorce; they could be attempting to save the marriage. Other times, couples seek this agreement because they want to get a divorce but want to settle divorce matters ahead of time.
Benefits of a Postnuptial Agreement
If you are considering entering into a postnuptial agreement with your spouse, having a skilled lawyer is important. The attorneys at our firm are familiar with this process and can make sure that you take the necessary steps. As mentioned before, a postnup is a way to remove uncertainty in many instances. Spouses also tend to use these agreements when they foresee a divorce in the near future. This can be seen as a middle step to ensure the property separation is in order, and any other support matters are settled. In making a postnup, the couple can save large amounts of money and time by avoiding the courtroom.
Essentially, a postnup is separating assets into “mine” and yours” rather than the communal “our” property.
The terms that are generally included in a postnuptial agreement include:
- Division of assets
- Spousal support terms
- What will happen to property if one spouse passes away
- How gifts and inheritances will be handled
- Handling of benefits, disability, and insurance coverage
- Ownership of business matters
When creating a postnup, both spouses are required to provide the other with full disclosure. They are considered each other’s fiduciary and must present all information and issues in the agreement. Because of this fiduciary relationship, both parties have a duty to act in the “highest good faith and fair dealing.”
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"Trusted Advocacy in Tough Times"Marc’s dedication, reputation, and fierce advocacy provide the support and confidence you need during a difficult divorce.- Nicole H.
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"Calm and Confident Defense When It Matters Most"Marc’s thorough preparation, calm demeanor, and expert knowledge ensure you feel supported and confident throughout your legal journey.- Amelie F.
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"A True Advocate in Family Law"Marc’s straightforward approach, thorough preparation, and dedication help clients navigate complex cases with confidence, achieving favorable outcomes when it matters most.- Jason
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"Dedicated, Fair, and Knowledgeable Legal Support"Marc’s commitment to fairness, respect, and diligent work ensures clients receive top-tier legal representation at a reasonable price, always with understanding and responsiveness.- Anonymous
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"Compassionate Guidance Through Family Law Challenges"Marc and his team provide expert legal support with care, clear communication, and a commitment to fighting for you and your family’s future.- Laura H.
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"Trusted Attorney with Proven Results"Marc’s honest, strategic approach delivers results without unnecessary costs—earning trust from clients and fellow attorneys alike.- C.B.
Choose Mitzner Family Law, APC
Do you need a lawyer for a postnuptial agreement? Whether you are considering separation or simply want to bring clarity and stability to your marriage, we may be able to help. A well-crafted postnuptial agreement can outline financial responsibilities, asset division, and other key matters, helping to prevent future disputes and reduce uncertainty. At Mitzner Family Law, APC, we approach these agreements with care, ensuring that your rights and interests are fully protected. Attorney Marc E. Mitzner provides thoughtful guidance and strategic legal support, helping clients create agreements that offer security and peace of mind for the future.
In order to make sure that you go about the process correctly, consult with a skilled Newport Beach postnuptial agreement attorney from our firm. Contact Mitzner Family Law, APC at (949) 806-5649 to schedule your case evaluation today!
