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Do I Need an Attorney for a Postnuptial Agreement?

December 14, 2022/in Family Law /by Mitchell Ehrlich

Marriage is a beautiful partnership between two people. While the majority of people are familiar with prenuptial agreements, also known as “prenups”, less people are aware of postnuptial agreements. If you entered into your marriage without a prenup, take heart – it is not too late to make a legal move to protect the financial future of yourself and your loved ones. Postnups are not as common as prenups, but are still a powerful tool that can be used to protect yourself from a complicated divorce. No one plans to get divorced, but it is a reality for many marriages. 

What Does a Postnuptial Agreement Do?

Postnuptial agreements are laid out to protect both parties, and can significantly reduce stress in the event of a divorce. When a couple decides to get divorced in the state of California, their assets and debts that they acquired while married are split between the two in what is deemed the most equitable way. But what happens if a major financial event happens to one member of the couple after they say their vows? This is where the opportunity for a postnuptial agreement becomes significant. Whether one spouse receives an inheritance, starts a new successful business, or even acquires a large debt, a postnup is a way to clearly dictate who receives that financial asset or burden if a divorce occurs. While the benefits of a postnup are similar to those of a prenup, postnuptial agreements can be more difficult to enforce. This is because there is a higher risk of one spouse being forced to sign the agreement against their wishes. In order to make sure you have a valid and enforceable postnuptial agreement, you need to hire an experienced and meticulous attorney.

What Are the Benefits of Hiring an Attorney to Draft the Postnup?

Since the intended goal of a postnuptial agreement is to protect and benefit both parties, not just one, having each party have an attorney to serve their interests in drafting the agreement is vital. Not only will the attorney provide wise counsel and valid insight, but the attorney will also be able to create an agreement that will be enforceable in court. Having an attorney present during all steps of drafting the agreement will also lessen the chances of one spouse being able to claim they were coerced into signing the document. Experienced attorneys understand the complexity of dividing assets and debts during a divorce, and know the necessary details to pay attention to in order to create a legally-binding document that is both fair as well as transparent.

Contact Lonich Patton Ehrlich Policastri Today For a Free Consultation.

If you believe that a postnuptial agreement is the right choice for you and your spouse, give us a call today at 408-553-0801 for a free, no-obligation 30-minute consultation. Our board-certified attorneys have decades of experience and a passion for helping our clients. Family law can be complex, so place your trust in the experts here at LPEP Law. We are happy to answer any of your questions and help walk you through the next steps. 

https://www.lpeplaw.com/wp-content/uploads/2022/12/Signing-a-postnuptial-agreement.jpg 473 1279 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2022-12-14 17:33:232023-03-20 21:57:58Do I Need an Attorney for a Postnuptial Agreement?

What Is A Bifurcated Divorce & When Is It Granted?

December 6, 2022/in Family Law /by David Patton

Divorce is a difficult process under the best of circumstances. The process can become even more complicated and contentious when spouses can’t agree on anything. The term “bifurcate” means to split something into two separate pieces. Therefore, in a bifurcated divorce, the court grants the divorce itself before resolving other issues in the case.

What is the Purpose of a Bifurcated Divorce?

Deciding to end a marriage is always a complicated choice, and the process can be even more complex if significant assets or children are involved. A bifurcated divorce can be helpful when the parties want to move on with their lives but cannot agree on other matters, such as property division or spousal support. 

Bifurcation may be requested at any time during the proceedings, but it is most commonly sought early on, typically soon after filing the petition or responsive pleading. 

This type of divorce is typically used when one party is seeking to remarry and needs to resolve the issue of divorce before doing so. California does require a six-month waiting period after a divorce is finalized before a spouse can remarry. However, a bifurcated divorce speeds up the process by separating the dissolution of the marriage from the other issues.

It can also benefit couples who have been married for a long time and have complex financial issues that must be resolved. After the court issues the judgment of divorce, a separate trial will be set to settle the other problems, such as:

  • If a prenuptial agreement is valid
  • The date of the separation and the date to use for the valuation of marital assets
  • Determining which property is marital and which is separate
  • The division of marital property
  • The valuation of a shared business or the increase in value of a company during the marriage
  • Physical and legal custody of any children
  • Parenting time of both parents
  • Child and spousal support
  • Any other issues

The Pros and Cons of a Bifurcated Divorce

This type of divorce can help couples who want to avoid a lengthy and contentious divorce process. It can also be beneficial for couples who wish to keep their finances separate during the divorce. In addition, a bifurcated divorce can help protect assets and ensure that property is divided fairly. Finally, a bifurcated divorce can give couples more control over the divorce process. 

However, there are also a couple of potential drawbacks to consider. First, a bifurcated divorce can be more expensive than a traditional divorce, as it requires two separate court appearances. Also, it can be emotionally exhausting as you and your ex-spouse work through the contested issues.

Discuss Your Concerns With Our Experienced Lawyers

If you are considering a bifurcated divorce, it’s essential to seek legal advice from an experienced family law attorney who understands California’s laws. Our lawyers at Lonich Patton Ehrlich Policastri know that each situation is unique, and we will work with you for the best possible outcome for your particular circumstances. Contact us for a free consultation to see how we can help you by calling (408) 553-0801.

https://www.lpeplaw.com/wp-content/uploads/2022/12/BifurcatedDivorce.jpg 692 1595 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2022-12-06 22:22:062023-03-20 21:57:22What Is A Bifurcated Divorce & When Is It Granted?

December 2022 LPEP Spotlight: Kristi Freas

December 1, 2022/in 2022, Spotlight /by Lonich Patton Ehrlich Policastri
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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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