Postnuptial agreements help spouses create a plan in divorce. Here’s what to know about the cost of a postnuptial agreement in California.
A postnuptial agreement can provide a sense of security to a couple. Costs may vary depending on the complexity, terms, and legal representation necessary for a postnup. Postnuptial agreements cost, on average, between $1,000-$3,000 in California, but can be higher in more complex agreements.
The Causes of Price Differences in Postnuptial Agreements
Spouses can take different routes to obtain a postnuptial agreement tailored to their specific needs. For some couples, postnuptial agreements can be completed using a template and a notary, requiring little to no legal assistance. In other cases, couples may require a more complex division of assets or mediation.
Legal assistance for prenuptial agreements is conducted by family lawyers. In California, family lawyer rates average at $330 per hour. Depending on the marital relationship, spouses may require individual legal counsel. Since a couple’s needs and time spent with a lawyer and other flat fees can vary, spouses should consult with a legal professional.
An experienced family attorney from Her Lawyer can aid you in a free consultation or in mediating your postnuptial agreement.
Why Spouses May Obtain Postnuptial Agreements
According to legal professionals, the most common terms included in postnuptial agreements are property division, alimony/spousal maintenance, and retirement accounts. Additional reasons for postnuptial agreements can include:
- marital debts,
- asset distribution after death,
- providing for a stay-at-home spouse,
- or protecting an inheritance.
Postnuptial agreements can also be used to override prenuptial agreements. Spouses can use a postnuptial agreement to strengthen their relationship or find mutually comfortable terms.
Related: Postnuptial Agreements in California: Is It Right For You?
Contents of a California Postnuptial Agreement
Postnuptial agreement laws can differ in each state. California outlines the basic elements of a valid postnuptial agreement:
- In writing
- Both parties enter voluntarily
- Fair and equitable terms for both spouses
- Unambiguous terms
- Uncoerced signatures by both spouses
Due to the fiduciary obligation spouses in California hold, each spouse must conduct the postnuptial agreement in good faith.
FAQs About the Cost of a Postnuptial Agreement in California
Can postnuptial agreements be created independently?
Spouses can create a postnuptial agreement using a template. A spouse should consult with a lawyer who can assert the validity of the postnuptial agreement. An experienced family attorney from Her Lawyer can assist in this matter.
Related: How to Create a Postnuptial Agreement in California?
What causes cost differences in postnuptial agreements?
The price for a postnuptial agreement can vary based on each couple’s needs and circumstances. The cost of a postnuptial agreement is dependent on the complexity of the agreement and the mediation or legal assistance necessary.
Should spouses consult separate lawyers?
Spouses should hire separate lawyers upon entering a postnuptial agreement. Although some couples may agree on all terms, a lawyer can assist in assuring the agreement is equitable for both parties. Spouses are separate parties with individual rights and obligations.
Are postnuptial agreements only for spouses who intend to get a divorce?
No. Spouses can find a sense of security in a postnuptial agreement. The agreement can also be used to outline spousal and parental obligations during the marriage.
Can a postnuptial agreement be filed if spouses have already obtained a prenuptial agreement?
A postnuptial agreement can be used to override previous agreements made in a California prenuptial.
Related: Prenup vs Postnup in California: The Difference
Contact Us
If you or a loved one would like to know more about the cost of a postnuptial agreement in California, get your free consultation with one of our family law attorneys today!