Postnuptial Agreements Attorney Serving the
San Francisco Bay Area

Marriage is one of the most exciting times in a couple's life. However, it's important to make sure you're protected in case you experience challenges during the marriage. At the Law and Mediation Office of Sheila M. Harrington, I help couples craft thoughtful and practical postnuptial agreements tailored to their needs.  

Whether you’re looking to address financial concerns, specify marital expectations, or clarify the future of your marriage, a well-drafted postnuptial agreement can reduce stress and build trust in your relationship.  

Located in Redwood City, California, I serve couples throughout the San Francisco Bay Area. Reach out today to schedule a consultation.

What is a Postnuptial Agreement? 

A postnuptial agreement is a legal contract entered into after marriage. Essentially, it helps couples decide how their assets, debts, financial obligations, and other arrangements will be handled during the marriage or in the event of a divorce or separation.  

While similar to a prenuptial agreement, a postnuptial agreement is signed after the wedding. Some couples choose postnuptial agreements to address financial disagreements or unforeseen circumstances during their marriage, such as the launch of a new business, the need to manage debt, or a significant inheritance.  

These agreements are versatile and can be customized to reflect the financial and relational dynamics of your marriage.  

Why Should You Consider a Postnuptial Agreement?

Postnuptial agreements are more than just legal documents; they promote understanding and help establish mutual goals. Some reasons why you should create a postnuptial agreement include: 

• Financial clarity: Spouses may use these agreements to clarify how their individual and shared financial responsibilities will be handled.  

• Debt management: If one spouse incurs significant personal debt, a postnuptial agreement can specify individual financial obligations. 

• Business ownership or investments: Couples may need provisions protecting one spouse’s business interests or investments, especially when there’s personal liability involved.  

• Inheritance or family wealth: When inheritance or family assets are involved, a postnuptial agreement can protect those assets from being divided during a divorce.  

• Changing marital circumstances: Marriages evolve and life changes such as children, career shifts, or moves may lead couples to reconsider their financial or legal arrangements.  

A postnuptial agreement can provide both spouses greater stability, allowing couples to move forward with a shared understanding.

How My Firm Can Help

At the Law and Mediation Office of Sheila M. Harrington, I believe postnuptial agreements should be collaborative and empowering. I strive to develop fair and balanced agreements by understanding each spouse’s concerns and priorities.  

With a focus on mediation and consultation in the San Francisco Bay Area, I aim to steer clear of conflict and find solutions that truly work for my clients. Whether it's evaluating financial details or crafting provisions to suit your goals, my goal is to help deliver an agreement you can feel confident about.  

Postnuptial Agreements & California Law

California law treats postnuptial agreements differently from prenuptial agreements. Complying with specific legal requirements is required to make sure your agreements are valid and enforceable.  

In California, postnuptial agreements must be entered into voluntarily by both spouses and cannot involve coercion or undue influence. Each party should have the opportunity to review and understand the document fully, which often involves seeking independent legal counsel.  

Additionally, a postnuptial agreement may not violate public policy or unfairly benefit one spouse over the other. The courts will evaluate the fairness of these agreements should they come under review, particularly if there’s a suspicion that one spouse was unaware or misled about the document’s contents.  

California is also a community property state, meaning any assets or debts acquired during the marriage are generally considered jointly owned.  

Without a clear agreement stating otherwise, dividing property in a divorce can become incredibly complicated. A valid postnuptial agreement offers couples a way to bypass these default rules and determine what works best for them.  

The Benefits of a Postnuptial Agreement

For couples juggling careers, family obligations, and personal goals, a postnuptial agreement is an excellent way to formalize financial arrangements and address shared priorities. Some key benefits of signing a postnuptial agreement include: 

• Reduces conflict: By clearly specifying financial expectations, couples can avoid misunderstandings and future arguments.  

• Offers flexibility: Since every marriage is different, these agreements can be customized to your unique situation.  

• Supports long-term planning: A postnuptial agreement forces couples to think about the future, making it easier to plan for retirement, education, and other major expenses.

If you or your spouse is considering creating a postnuptial agreement, consult with an experienced family law attorney today.