A postnuptial agreement serves the same purpose as a prenup (i.e. to divide assets and debts between spouses), but it is signed after the couple is already married. We generally recommend entering into an agreement with your significant other before getting married, but we understand that life happens and sometimes couples are unable to sign an agreement before marriage - that's where we come in! In certain cases where a married couple did not sign a prenup beforehand, we can draft a postnup for you that will outline your agreement regarding property division, debts, alimony, and more.

A prenuptial agreement is a legal agreement between two people who are engaged to be married. This agreement outlines certain property rights and financial arrangements that the parties agree to as a condition of getting married. The agreement allows the parties to avoid default state laws about property division and alimony in case of divorce (or death) that may not work for their marriage goals. Many couples look at prenups as a type of financial planning tool for their estate.

Yes, we recommend all couples get a prenup before getting married (even if they have what they consider a small estate) or a postnup after the marriage. As a matter of fact, prenups/postnups are becoming increasingly common for couples, regardless of financial standing. Prenuptial and postnuptial agreements not only help protect your assets and clarify financial responsibility in the event of divorce, but they also provide clarity and a plan for who will manage certain assets as they grow during your marriage (even if divorce never occurs). For example, with a prenup or postnup (and the necessary accompanying conveyance instruments), your spouse will not have to sign-off on real estate loans that you want to take out on what you consider to be your own property. With a prenuptial or postnuptial agreement in place you can: (1) designate what property will be considered your own separate property (and should not be subject to any claims by your future spouse or subject to interference from your spouse), (2) protect family inheritances, and (3) protect your children’s interests in your separate property and assets.

Absolutely not! While prenups and postnups do simplify property division in the event of divorce, they also provide clarity and a plan for how to manage assets as they grow during your marriage so that you can manage your assets as you see fit (without spousal interference) even if you never get divorced (and we hope that you don’t get divorced).

The three most common grounds for voiding a prenuptial agreement are: Unconscionability of the terms; Failure to disclose finances; and Duress and coercion. Hiring an attorney helps to ensure that your prenup is properly drafted and your property and debts are divided in such a way to avoid these issues. Additionally, our network of attorneys can work with you to assess your individual situation and develop strategies that you and your spouse can implement up front to help reduce the risk of any successful challenges to your prenup or postnup in the event of divorce.

A Conveyance Instrument is the legal document that facilitates the transfer of ownership from one spouse to another (the same way a “Deed" is used to transfer real property from one owner to another owner). While prenups and postnups are the document whereby the parties agree on what property belongs to who, there are special Conveyance Instruments that may still be needed in order to carry out the terms of that agreement (so that each party can manage his or her own property during the marriage without interference from the other spouse). Without the proper Conveyance Instruments in place, a spouse may have to go to court and request that a judge enforce the terms of the prenup or postnup against the other spouse even if they are not getting divorced (which can be a timely and costly endeavor).

It is important to make sure that you have a properly drafted prenup (or postnup) and a properly drafted Last Will and Testament that work in conjunction with one another. This helps to reduce disagreements between your spouse and your heirs and helps to ensure your heirs receive your separate property.

Getting a prenup or postnup is a smart idea for any couple, regardless of financial standing. Even for couples who consider themselves to have a small estate, it is a good idea to have a clear understanding upfront for how that estate will be managed as it grows throughout your marriage.

No. We encourage spouses to sit down together and discuss their financial goals, responsibilities, and desired property divisions while answering our online questionnaire that will be used to create your prenup or postnup (that way there are no surprises to debate once the agreement is drafted). The only thing that may make the process contentious is when the spouses themselves do not agree on how to split property, debts, and marital rights (such as alimony).

You can download your prenuptial or postnuptial agreement immediately after answering our online questionnaire about you, your spouse, and your desired division of assets. You can also schedule an online consultation with one of our lawyers at any day and time that best fits with your schedule. If you want our lawyers to make any modifications to your downloaded agreement, or if you want them to draft any custom provisions for your agreement, we generally have a quick 24-hour turn-around time. If (after reviewing your agreement), you determine that no modifications or customizations are needed, you and your spouse can sign and notarize your agreement easily online at a time that is convenient for you.

Your prenup or postnup becomes effective once both you and your spouse have signed the document. Different states have different requirements on how long spouses must wait between receiving a final draft of the agreement for review and actually signing the agreement. If you have any questions about waiting periods, please book an online consultation with one of our lawyers.

We offer packages starting as low as $899 so that every couple can enjoy the benefits of a prenup or postnup. We also offer packages that include representation and advice from experienced lawyers, attorney referrals for your spouse, and a complete array of customizable options so that we can draft a prenup or postnup that fits your needs. Please visit our “Packages” section to find the package that works best for you.

Absolutely! Many of our clients who were uncertain whether or not they truly needed a prenup or postnup started out with our Basic Package, but then added a-la-carte services such as consultations with a lawyer or conveyance instruments after-the-fact.

Of course – we offer a 30-day period to upgrade packages! Many of our clients initially choose the Basic Package and then decide to upgrade so that they can customize their agreement, consult with a lawyer, or acquire a full asset protection strategy.

You can sign your prenup or postnup anytime after you receive it. Please note, however, that different states do have different legal requirements regarding how long you must wait between presenting your spouse with the final draft of your agreement and signing that agreement. If you have any questions about your states waiting-period requirements, please book an online consultation with one of our lawyers. Your FREE online notarization credit will expire after 60 days.

We offer prenup and postnup services in California and Texas.

Certain states DO require that you have an lawyer in order for certain provisions in your prenup or postnup to be enforceable. In California, for example, each party must have their own lawyer before waiving their right to alimony or spousal support. Additionally, one of the most common challenges to prenups and postnups during a divorce is that one party did not understand the agreement - each spouse having their own lawyer helps to easily rebut and eliminate that type of challenge in the event of divorce. Generally speaking, however, you do not always have to have an lawyer. With that said, we always recommend that each spouse have their own lawyer that will review, advise, and edit your prenup as needed.

To help ensure your prenup or postnup remains valid, it is advisable to hire two independent lawyers (i.e. separate lawyers from separate law firms for each spouse). Using the same lawyer for both parties poses a conflict of interest and may raise concerns about fairness and enforceability in the event of divorce. One of the most common challenges in court is that a prenup should be voided because of unconscionability or unfair bargaining positions. Each spouse having their own lawyer before signing the prenup or postnup helps to eliminate these arguments in court in the event of divorce.

Absolutely not! You can download your drafted prenup or postnup immediately after answering our online questionnaire about you, your spouse, and your desired division of assets. Our online consultation system allows you to schedule consultations and meet with a lawyer at virtually any time that fits your schedule. Sign up today, talk with a lawyer, and have a prenup or postnup ready to sign and notarize as soon as tomorrow.

In addition to specifying the division of assets and debts, prenups and postnups can contain many different optional clauses, such as confidentiality clauses, alimony waivers, pet clauses (yes, your fur-babies can be covered by your prenup), lump-sum payment clauses, marital residence clauses, and sunset clauses. After an online consultation, our lawyers can also draft custom clauses for you based on your specific circumstances.

Provisions that encourage divorce: The public policy of most states (including Texas and California) favor marriage and discourage divorce. Prenuptial and postnuptial agreements cannot include provisions that encourage divorce, such as giving a spouse an incentive to get divorced. Anything related to child support: Prenups and postnups cannot waive child support or dictate how much support should be paid. The laws of your state will determine child support according to what is in the “best interest of the child.” Anything related to child custody: Prenups and postnups cannot contract away the rights of a child and dictate which parent will have primary custody if a divorce were to occur in the future. The agreement cannot place any restrictions on child custody or visitation. The laws of your state will determine child custody according to what is in the "best interest of the child." Provisions that include illegal terms: Like all valid contracts, a prenuptial or postnuptial agreement cannot include any illegal terms or requirements. In other words, a spouse cannot be required to commit an illegal act in a prenuptial or postnuptial agreement.

You should disclose all of your assets and debts as a part of your prenup or postnup. Failure to accurately disclose finances is one of the three most common reasons a judge may void a prenuptial or postnuptial agreement during a divorce proceeding.