A simple Google search will lead you to do-it-yourself postnuptial agreement templates claiming that you can draft one in five to ten minutes with no help. If “fill in the blank” documents at low prices seem too good to be true, it’s because they are. We regularly caution clients that these internet options are useless, and the resulting postnuptial agreement is likely, if not certainly, legally unenforceable.
Postnuptial agreements are highly complex legal documents that act as binding contracts between two married individuals.Even some of the most highly experienced attorneys in California refuse to draft them due to their complexity. The attorneys at Cianci Law, PC have years of experience drafting robust, enforceable postnuptial agreements.
Maybe you and your spouse have been estranged for some time. Perhaps you want to clarify your assets so that you can devise an estate plan that meets your family’s needs. Or maybe, you’re just seeking to plan for the future, protecting your spouse from some risky investments you want to make. A postnuptial agreement can help you accomplish any and all of these goals.
It’s critical that in the process of drafting your postnuptial agreement, you’re fully transparent with your spouse as to the extent and nature of your assets, debts, and reasons for wanting to enter into a postnuptial agreement. Your spouse needs to provide the same transparency for you. Most property and debts can be included in a post-martial agreement, and you can include provisions to provide for, limit, or even eliminate the possibility of paying spousal support or alimony in the event of a divorce if one should occur.
To create a legally binding postnuptial agreement, you and your spouse will each need your own independent legal counsel throughout the process. After we draft the postnuptial agreement for you, and you approve the first draft, we present it to your spouse along with a referral to a few highly ethical and experienced attorneys in the area that they can consult with to help them with the negotiation process.
If you have questions about a postnuptial agreement and if such an agreement is right for you, please contact the attorneys at Cianci Law, PC so we can walk you successfully through the process. We offer personal consultations for all our clients—contact us online or give us a call at (916) 797-1575 to speak with our Roseville postnuptial agreement lawyers and learn how we can help you draft a comprehensive post-marital agreement.
Fields marked with an * are required