Finding the Right Postnuptial Agreement Lawyer in Your Area

All About Postnuptial Agreements

Postnuptial agreements are marital contracts entered into by couples after the marriage has taken place. They serve the same general purpose as prenuptial agreements in that they are intended to help a couple clarify their assets and debts, and define the financial terms of their marriage. In California, postnuptial agreements cannot address custody or visitation issues relating to children of the marriage. They can deal with asset division especially as it relates to spousal support, and they can deal with payment of bills and debts for things like mortgages and expenses . If marital problems arise, as they have invariably done in every marriage, it may become useful for spouses to enter into a postnuptial agreement to clarify the division of property, financial responsibilities related to housing and family support, and even rebuild trust if infidelity has become a factor. Although less commonly thought of than prenuptial agreements, our law recognizes the enforceability of postnuptial agreements, but they require that certain legal formalities be followed for such agreements to be valid. Parties must fully disclose their assets and debts, they must understand what they are signing, and they must each have the opportunity to retain independent counsel to advise them of the meaning and legal implication of what they are entering into.

Advantages of Local Representation

Hiring a local attorney to draft your postnuptial agreement can prove to be exceedingly beneficial. For one, you will be hiring someone who is familiar with the local laws and legal practices where you and your spouse reside. That means your attorney will have a specialized understanding of the nuances in your local laws that may influence the terms of your agreement. In addition, many local lawyers offer their clients better accessibility. For instance, you and your spouse likely live or spend most of your time in this locale, so if you need to meet with your attorney, you don’t have to set aside an entire day solely to travel. This will reduce time and travel costs, allowing you to devote more time to drafting your agreement. Furthermore, selecting a lawyer from your area allows you to do a little research ahead of time. You can talk to friends or family members who may have used the same attorney, as well as consult online reviews to gather insight about your attorney’s legal experience and previous work with other clients.

Traits of a Good Postnuptial Agreement Lawyer

When it comes to family law matters, particularly as complex and sensitive as postnuptial agreements, your attorney should bring experience and a deep understanding of the law. They should specialize in family law and hope to build an extensive track record of handling highly complex and financially significant cases. A good attorney should show a willingness to go beyond simple paperwork, offering guidance on the risks of signing a postnuptial agreement as well as the benefits and consequences. They should be able to facilitate constructive communication between you and your partner that will help you work together to come to a thorough, mutually beneficial agreement. In addition to experience, your postnuptial agreement attorney should have a proven history of positive client testimonials and reviews. How well they communicate with your partner and you before and throughout the process is crucial to determining if they are the right fit for you and your family.

Key Questions for Your Lawyer

To ensure you are hiring a competent postnuptial agreement attorney, ask them the following questions:
How many postnuptial agreements have you prepared?
Postnuptial agreement attorneys often prepare far more separation agreements than they do postnuptial agreements. Find out how many of each your potential attorney has prepared.
Have you ever taken a prenup trial?
Taking an agreement to trial requires the same skill set as an attorney would use to litigate a divorce trial. You want a qualified, skilled attorney by your side should you need to take your case to court.
Are you responsive and accessible?
Ask for a realistic timeline for when they will be available to speak with you and how quickly they will return your phone calls . The turnaround time for communications should not be more than 48 hours. Make sure they will be there for you if the need arises.
What are your fees?
An attorney can charge flat fees or hourly rates, so be sure to confirm the amount for preparing an agreement. If an attorney charges by the hour, ask for an estimate based on how they predict the attorney fees will be structured for creating your postnuptial agreement.
Which types of cases do you usually represent?
Be sure to inquire if the postnuptial agreement attorney you’re considering typically represents defendants or plaintiffs on similar cases.

Tips Before You Consult with an Attorney

Before consulting an attorney about postnuptial agreements, couples generally benefit if they prepare a rough list of their significant assets and debts. This step is also reasonably private, because the list may obviously be shared with a spouse. One also should consider talking about terms for the agreement with the spouse before meeting with an attorney. On the other hand, many clients don’t want to do this because it may seem to provoke concerns or even an argument. This is a matter of individual choice.
Of course, both a husband and wife should understand as much as possible what they would like to achieve with the postnuptial agreement. In my experience, this helps an attorney tailor an agreement more quickly than after a lengthy discussion, and it provides room to discuss details that are more nuanced or complex.

How Much Does it Cost to Draft a Postnuptial Agreement

There are many potential costs involved in drafting a postnuptial agreement. First, you should be aware that attorneys typically charge for their services by the hour. Their hourly rates can vary significantly depending on the complexity of the agreement and your specific needs. Further, postnuptial agreements are generally far less complicated than prenuptial agreements, which tend to include more property division and allocation provisions. Yet, even a relatively uncomplicated postnuptial agreement will require an investment of significant time by an experienced legal professional. This means that those attorneys who frequently draft postnuptial agreements are often in higher demand than others.
Attorneys in San Diego who engage in this type of law can typically be expected to charge between $250-450 per hour in most of the areas of San Diego , especially in La Jolla and downtown. Once again, if the postnuptial agreement is very complex, the attorney will need to put in more hours than if the agreement is less complicated.
Regardless, it is worth your while to seek out the services of a local attorney who has experience in this area. Furthermore, a highly skilled attorney will save you money in the long run by anticipating and addressing issues that might later force you to hire other legal professionals to handle, thus putting you out a lot more money than would have been necessary originally.