Almost everyone has heard of prenuptial agreements signed before marriage to protect the couple’s individual assets in the event of the marriage ending in divorce. What you may not have heard of are postnuptial agreements.

What is a postnuptial agreement, and should you consider getting one?

Fact #1: Just like a prenup, a postnup outlines the responsibilities in the marriage, plus the division of assets and the assumption of debt if the marriage fails. However, a postnup is signed afterward instead of signing the agreement before the wedding.

Fact #2: Many couples sign postnups because of changing income or if one spouse inherits property. Some states consider inheritance to be community property. A postnup ensures the beneficiary receives sole possession of the bequest.

Fact #3: When couples get married, it’s hard to know where life’s road will take them. At the beginning of their life together, both may be working and earning equal income. But, at some point, children may come into the picture, and one parent decides to stay at home to raise them. A postnuptial agreement can ensure that the stay-at-home parent is provided for if the marriage fails.

Fact #4: A postnuptial can protect gifts. Some young couples looking to purchase a home may find they can’t afford the down payment. Many times, a parent will help to cover the cost. The house will likely become part of the settlement agreement if the couple divorces. A contract can protect the parent’s investment by stipulating the repayment of the gift if the couple divorces.

Fact #5: It can protect your children’s inheritance. Whether you have children from a previous marriage or your current marriage, a postnuptial agreement can outline the distribution of your assets in the event of death. You can ensure that your children will be provided for no matter what happens with your marriage.

Problems You May Encounter

Many problems can arise when one partner asks for a postnuptial agreement. Sometimes, the agreement can be seen as an indication that there are already problems in the marriage. This can lead to tension and resentment between the spouses.

Also, if the terms of the agreement are unfair, one spouse may be left with insufficient resources, and it may not hold up in court if it is deemed unfair or one-sided.

Opening the discussion may feel like a daunting task. Here are some tips for beginning the conversation:

1. Choose the right timing. Bringing up a postnup during an argument is never a good idea. It should also not be discussed immediately or before a promotion or raise. Instead, pick a time when you are both relaxed.
2. Find a quiet location where you won’t be interrupted.
3. Be open and honest about your financial situation. Discuss your assets, debts, income, and expenses honestly.

You Don’t Have to Go It Alone

If you and your spouse are considering a postnuptial agreement, you will want to contact our experienced family law attorneys at Lonich Patton Ehrlich Policastri. We can help you understand the legal implications of it and assist you in negotiating an agreement that works for both of you. Call us at 408-553-0801 or fill out our contact form to schedule a free consultation.

 

When two people get divorced, one of the most challenging and important decisions that must be made is who will have custody of the children. Judges must consider various factors in making this determination to ensure they are making a judgment that is in the child’s best interests.

Judges often evaluate factors including each parent’s home environment and work schedule and whether either parent has been abusive or neglectful. Ultimately, the goal is to ensure that the child has a stable and supportive home life.

What factors do judges evaluate when determining child custody after divorce?

When determining child custody, judges must take into account many factors, including the child’s age, best interests, and their relationship with each parent. They may also look at the parents’ ability to cooperate and the scenario that will provide the most stability and continuity.

Depending on the child’s age, a judge may ask for their input on the arrangement and what they feel most comfortable with. This can be done by speaking with the child directly if they are old enough or by utilizing a custody evaluator as a liaison.

In addition to the considerations above, a judge will also evaluate each parent’s mental and physical well-being and their capacity to care for the child. This could involve looking at work schedules, available family support, and financial situations to determine which parent can provide the most stable living situation.

If there is evidence of neglect or abuse from either parent, the judge will take steps to protect the child by limiting or preventing contact with that parent.

Primary vs. Shared Physical Custody

There are two common forms of child custody arrangements – primary or shared physical custody. A primary custody arrangement means one parent has sole supervision over the child, while the other might receive visitation rights. However, the child resides only with the parent with primary custody. Primary custody also grants the primary parent the ability to make decisions regarding health and education without the other parent.

Shared physical custody is also known as joint custody. In these arrangements, the child resides with both parents on a schedule. Typically, shared physical custody is measured by counting the amount of overnight time each parent has during a set period, though time may not always be divided equally. For example, a child may live with one parent during the week and the other parent on weekends or might alternate weeks and weekends with each parent. Joint custody also provides both parents with equal rights to make decisions regarding the child’s health or education.

In California, there is a presumption of shared physical custody, meaning that a shared arrangement is often recommended unless there are strong reasons for one parent to be awarded primary physical custody.

Assistance with a child custody case

Determining the custody of children in a divorce can be a daunting task. Still, with careful consideration, judges aim to make arrangements that are in the child’s best interest. If you need guidance in navigating a child custody situation, allow the experienced family lawyers at Lonich Patton Ehrlich Policastri to assist.

Our team of lawyers has been helping families in the greater Bay Area navigate complex legal situations for decades. Call 408-553-0801 or click here to schedule a free consultation today.