Is a DIY Postnuptial Agreement Enough or Should You Get Legal Help?

Is a DIY Postnuptial Agreement Enough or Should You Get Legal Help?

According to vintti.com, approximately 5% to 10% of married couples in America have postnuptial agreements. 

Can you do a postnuptial agreement without a lawyer? In California, drafting a postnuptial without the help of a family law lawyer is not advised. A lawyer can guide you in creating a postnuptial agreement that complies with California’s state laws. 

In this article, DIY and lawyer-assisted postnuptial agreements will be compared. You will also gain more information about the effects of hiring a family law attorney when creating a postnuptial agreement. 

Understanding Postnuptial Agreements

A postnuptial agreement is a written contract that you enter into with your spouse after marriage. This document enforces agreements concerning financial responsibilities both during and after marriage. 

A postnuptial agreement lawyer says that couples may seek a postnuptial agreement for a number of reasons. This includes significant changes in financial status and career, formalizing a monetary commitment after marital misconduct, the purchase or creation of a business, and receiving a huge inheritance.

This agreement protects both parties. It sets financial expectations through open communication about division of property, spouse support, and debts. 

Benefits of DIY Agreements

Making a DIY postnuptial agreement will save you time and money. It gives you the freedom to draft your document according to your wants and needs.

Since DIY agreements let you draft and amend the agreement as needed, scheduling legal consultations will not be an issue. You can use the funds you would have used to pay for legal fees elsewhere. 

Risks of DIY Agreements

DIY postnuptial agreements have their own risks. A DIY agreement can lack the necessary legal requirements to be enforceable in court.

Without proper legal advice, one can miss out on important issues or points that leave the agreement vague. This can lead to future disputes, especially if one party feels disadvantaged by the contents of the document. 

The lack of negotiation skills often provided by a lawyer is important. Discussions about the postnuptial agreement may be difficult for you to handle, which could result in heated arguments that harm your relationships with other people. 

Consult a lawyer if your situation includes complex assets, significant debt, or business ownership.

In cases where there are disagreements, lawyers can help both parties negotiate by acting as a mediator. They can help clarify your objectives. 

Attorneys can write documents that take into account the different state laws that might be relevant to your case. 

Making the Right Choice

Examine your circumstances carefully to decide whether it would be better to draft a postnuptial agreement yourself or have a lawyer do it for you. More complicated situations, like large asset distributions or dealing with children from previous relationships, will require legal assistance. 

You want an agreement that will protect your interests while building up your relationship. Trust your instincts and needs, and choose the path that provides you with the most peace of mind regarding your marriage or finances.