Collaborative Postnuptial Agreements

Collaborative Postnuptial Agreements

A postnuptial agreement, also known as a “postnup,” is a legally binding contract entered into by a married couple to address financial matters and other issues related to their marriage. In California, a postnuptial agreement can be used to modify or clarify the terms of a prenuptial agreement, or to address issues that have arisen subsequent to their marriage.

A postnuptial agreement typically includes the following steps:

  1. Both parties retain separate attorneys to advise them on the terms of the agreement and to ensure that their legal rights are protected.
  2. The attorneys work together to negotiate the terms of the agreement, including provisions related to characterization of assets, responsibility for debts, and any other financial matters that the parties wish to address.
  3. The attorneys draft a written agreement outlining the terms of the postnuptial agreement, which is reviewed by both parties and their respective attorneys.
  4. Both parties sign the agreement in the presence of a notary public.

To ensure the enforceability of a postnuptial agreement it must be in writing, signed by both parties and notarized. Both parties must fully disclose their assets and financial information to each other in order to ensure that the agreement is fair, equitable, and enforceable.

Child Custody Mediation in South Bay, California

The Purpose of a Postnuptial Agreement

The specific reasons a couple will decide to enter into a postnuptial agreement may vary, but some common ones include:

  • the protection of a future inheritance
  • the ability to secure the disposition of personal wealth or assets
  • protection from a spouse’s personal debt
  • spouses having incompatible spending/savings patterns (a ‘saver’ married to a ‘spender’)
  • concerns about the future of the marriage based on events that have occurred since the marriage
  • The Benefits of a Postnuptial Agreement
  • Because the postnuptial agreement is negotiated after the marriage has taken place, the logic behind a postnup can differ from that of a prenup. A postnuptial agreement may be executed for a variety of reasons including:

A Lack of Time before the wedding: Wedding preparation and festivities are stressful and time-consuming. It may be that you intended to enter into a prenuptial agreement prior to the wedding, but only found the opportunity after the wedding bells stopped ringing.

Advice from a friend: Perhaps a confidante has persuaded you that a postnuptial agreement is a good idea to “play it safe,” despite the fact that you did not explore such an agreement prior to your marriage.

A Negative Postnuptial Event: Something may have occurred since your marriage that causes you to question the security of your marriage and your assets in the event of a divorce.

Ready To Learn More About Postnuptial Agreements?

With all the possible reasons to seek a postnuptial agreement, it’s a smart idea to at least chat with an experienced family law attorney about why you want the arrangement and what you hope to gain from it.

Ewing Mediation and Family Law provides sensitive and individualized service. They give you with the best legal advice possible and actively protect your best interests while remaining sensitive to the situation.

See What People Have To Say About Ewing Mediation & Family Law

Greg Mohrman
Greg Mohrman
2024-01-31
I needed Ms. Ewing's services several years ago and I cannot say enough about how impressed I was (and am) with her. She balanced empathy and decisiveness. Obviously, she's highly proficient in the law but her willingness and ability to listen and effectively engage with a variety of people - in, let's be honest, a variety of emotional states - is what really stood out. She's incredibly effective, and I strongly recommend her services to help mediate and resolve difficult circumstances.
RICK BATTAGLINI
RICK BATTAGLINI
2023-11-28
Divorce can be a trying time for all involved. I was very fortunate to find (and hire) Deborah Ewing, Ewing Mediation & Family Law (aka Deb). She handled everything with me from start to finish. In doing so, Deb was always very knowledgeable, supportive, professional and personable - her staff as well. As a licensed professional myself (not law), great service is truly appreciated and respected when seen. Since my divorce, I've recommended Deb multiple times and will continue to do so. Don't miss out on getting help you deserve, contact her.
John Horn
John Horn
2023-10-26
Deborah Ewing was my divorce lawyer and she was excellent! I was always able to get in touch with her, she kept me informed of any communication with my wife's attorney and she has access to other professionals like CPAs. Beyond all that though, I found her one of the most intelligent people I've ever met. She always asks the right question and if I had a question she couldn't answer, she would find the right source for an answer. I heartily recommend her and her Family Law practice. John R Horn
Joy Partlow
Joy Partlow
2023-10-25
Deborah Ewing is a fabulous divorce attorney. She’s a feeling, warm and caring person. I have recommended her services to my close friends and son! She really made their divorces super easy, quick and thorough. Mine was a 4 years of hell due to my ex and his attorney, and Deborah was professional and super supportive during this trying time. I feel lucky to have her experience on my side.
Patricia Herrera
Patricia Herrera
2023-08-09
Going through a divorce is extremely stressful. Deborah guided me through the process and was there every step of the way. She is professional, attentive and competent. I am thankful and appreciative of everything that Deborah did for me. I highly recommend her.
Michelle Travens
Michelle Travens
2023-06-05
Deborah Ewing was my lawyer for my divorce in 2015 and I still sing her praises to friends and relatives! She was forthright, very intelligent, exceedingly thorough, and somehow managed to retain a truly calm, friendly, and capable demeanor, while handling mounds of paperwork and umpteen phone calls with the other party’s attorney and staff. She was not cutthroat towards the other party, but she was also quick to let me know when I was being too nice and accommodating. In summation, Deborah Ewing was a steady rock for me during a very de-stabilizing period In my life, and I am forever in her debt.
Lindsay Z Dellamaggiora
Lindsay Z Dellamaggiora
2023-04-04
Deborah was fantastic in all aspects in dealing with a difficult divorce/custody issue. I recommend her every time someone asks me for a family law attorney referral. I will most certainly continue to use her in the future should the need arise.
JeffTown “JeffTownUSA”
JeffTown “JeffTownUSA”
2023-03-31
Deborah’s calm, efficient, knowledgeable, professional representation made a difficult divorce situation tolerable. Retaining Deborah to represent me was the smartest thing I could have done. I highly recommend her if you are looking for help with a divorce.
Loy Miller
Loy Miller
2023-03-26
I was very pleased with Deborah’s professionalism and her down to earth manner in handling my situation. I would highly recommend her.
Nalini Brahmbhatt
Nalini Brahmbhatt
2023-03-23
Deborah is a wonderful, professional mediation attorney who navigated me through my divorce with consideration and efficiency. My ex and I both were able to settle with minimal cost and remain friends still! Her office staff were very helpful and always responded immediately. I would recommend her very highly.