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February 21, 2020

Is It Ever Too Late To Create A Prenuptial Agreement?

For many couples that plan to marry, a prenuptial agreement is a way to make sure they have their financial interests protected should the marriage end in divorce. While this can be a delicate topic to discuss with your soon-to-be spouse, it can be an effective tool in ensuring your financial future.

However, if you create a prenuptial agreement, it must usually be done and finalized at least 28 days prior to the marriage. Otherwise, it may appear to have been done under duress and without careful thought, which can be a crucial argument if you or your spouse chooses to contest it at some point. However, there are still options you can use in these situations, which is why you’ll need the services of family law attorneys in Livermore from the Tierney Law Group.

Postnuptial Agreement

Rather than a prenuptial agreement, couples can instead have a Livermore family law attorney draw up what is known as a postnuptial agreement. Essentially the same contract as a prenuptial agreement, the postnuptial agreement is completed after the marriage and clearly spells out how property and other assets will be divided between the spouses in the event of a divorce. In many cases, courts may view these agreements as being more thorough than a prenuptial agreement, since the couple is already married. Because of this, the courts as having been done under duress rarely look at these agreements.

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Depending on the assets you and your spouse may possess, the prenuptial or postnuptial agreement may be extremely complex. Therefore, never try to draft an agreement on your own. If you do, numerous mistakes may be made that could cost you financially and be used against you in court. To make the correct decisions in these matters, schedule a consultation with Livermore family law attorneys at the Tierney Law Group.