Even after you get married, there’s nothing wrong with wanting extra protection for your assets. Postnuptial agreements are treated with more scrutiny by California courts, as the courts expect both parties to be more honest and fairer with a postnup than a prenup. To make sure that your postnup holds up in court, meets the legal requirements of the state, and includes everything you need, you should reach out to an Encinitas postnuptial agreement lawyer for help.
The legal team at Andy Cook Law recognizes the complications of a postnuptial agreement, particularly one that’s made as a result of marital turmoil such as infidelity. Preserving your marriage in the wake of betrayal can be difficult, and a postnup can help you. An Encinitas postnuptial agreement attorney can help you draft what you need. You’ll want someone with experience handling postnuptial agreement cases and a knowledge of postnuptial agreement laws.
To speak with our experienced Encinitas Postnuptial Agreement Lawyers, give us a call at 619-515-9900 or contact us online today.
Call Us Today!
There are many important reasons to hire a postnuptial agreement lawyer. Most of all, you want to be sure that your case is being handled the right way. Postnups are not the same as prenups, and you’ll want a lawyer who understands and appreciates that simple fact. Andy Cook has spent his career helping people through difficult legal situations. He’s a Certified Family Law Specialist (CFLS) who knows the most effective ways to help your case.
It may be important to understand the rates of marriage and divorce throughout California. When considering a postnup, you may want to see how many other people are choosing marriage or divorce. It can reinforce your own decisions. Recent data from the U.S. Census Bureau shows a divorce rate in California of 5.9 per 1,000 women as of 2022, while recent data from World Population Review shows a marriage rate in California of only 46.6% as of 2025. Both are quite low.
Establishing a postnuptial agreement can be difficult, especially if your partner doesn’t feel one is necessary. They may see such an agreement as a betrayal or a sign of impending divorce. You may want to work through some of these fears and concerns with the help of a local couples counseling support group like Integrative Couples Therapy or Healing Hearts Counseling. Being able to talk to someone can give you the chance to figure out the root of the problem.
Above all, you need to make sure that your postnuptial agreement is enforceable by ensuring that it meets the legal requirements of the state. Postnups need to be signed voluntarily by both parties, include a full disclosure of financial assets and debts, be formally notarized, and be in writing. It can’t include any plans for child custody, as that’s decided by the court.
At Andy Cook Law, we can help you figure out the right path forward by drafting a postnup that’s fair to you and your partner. Contact us to speak to someone about your options.
Call Us Today! 619-515-9900