Getting married and didn’t make a pre-nuptial agreement? It’s not too late to protect your assets. A post-marital agreement is made after the marriage takes place, but before separation, divorce, or death takes place.
In order for your post-marital agreement to be valid and not nullified by a court, both parties must disclose all of their finances to each other; nothing can be hidden. In addition, each should hire their own attorney who will sign a certificate of independent legal counsel that is attached to agreement.
A post-marital agreement should include all assets and debts that could affect both parties in the marriage. It should include spending habits of each. In addition, a provision should be made in the event of divorce or death regarding property division.
If you are considering divorce, contact an experienced Orange County Family Law attorney about an asset protection plan.