Should we get a prenup or postnup?
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Should we get a prenup or postnup?
I've been reading and trying to figure out what we need since I am considering using a legal template.
We are already married but the information I am getting online is confusing me.
Any guidance is appreciated.
Is there ever a world in which you get a prenup but already married?
Hello ***!
My name is Dolan and thank you so much for contacting me!
I just had a few quick questions for you:
To clarify, what is a reason you guys considered getting a new agreement in place?
We have just come into the know that one of us (me) will be inheriting a large sum of money. This wasn't known to us before when we got married.
We never did a prenup previously.
California.
Understood! So you're just wondering what you need to do here, correct?
Yeah. I have found templates online, but I see there are prenuptial agreements and postnuptial agreements and I am not sure which one we would need given we are already married. It seems like a postnup, but some of the things I am reading online are a bit confusing so we wanted to confirm.
I also wanted to know if using a template is a good idea.
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
No I think that the core of what I want to understand. I may have some follow-up questions though after you give me more info.
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
Ok so legally speaking, having a postnuptial agreement is a good idea. In CA, property is separate property if it is acquired through an inheritance. So this means that any property you acquire from an inheritance is still going to be your separate property regardless. It stays that way through even a death or divorce or legal separation.
Having a postnuptial agreement helps clarify this in greater detail. Having a prenup makes it even clearer as to what property is separate property even beyond an inheritance.
As such, we can draft those things for you (the cost is just $950) and your satisfaction is guaranteed on that. Does that help clarify things? I want to make sure I didn’t leave anything out.
Hello! I want to make sure ALL of your concerns were addressed. Did you have any concerns about this that still need to be addressed? I'm happy to help.
Hey, sorry for the delay on this.
After reading your response, I am still not clear on which is better? A prenup or postnup? Sorry - I am a bit legally illiterate.
No problem! A prenup is only for BEFORE you get married. A postnup is for after marriage.
This means that if you've already been married, the postnup is the only option for you. I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
Yes, that makes more sense.
And just to confirm, it will be able to help separate the inheritance?
Correct! The inheritance is ALREADY separated legally; however, the postnup can not only help clarify the inheritance issue, but also any other property (including any current marital property) to be separate vs. community.
OK got it. I think we still probably want to do one.
I found some templates online but I'm not sure if they are any good. Do you have any recommendations on a place I can find a good postnuptial agreement template?
I'm open to paying your fee, but not sure if there was an easier way.
Sure thing! So my recommendation is not to have a template. Unless you're a lawyer, it can be difficult to know whether it contains all of the proper provisions and you'd want a lawyer to review anything you drafted anyway.
With us, we can set up a job for you and we can go back and forth until you're satisfied with the result. You can sign it and date it and just keep a copy and you're golden!
OK, so you can do it for $950? No additional fees for consultation or revisions?
For what it is worth, my partner is on board for this so there shouldn't be any negotiation.
Correct; flat fee.
Great! That would make it much easier if you two are on the same page. I can work up a draft and upload it through the contractscounsel.com website for you after we create the job and you'll be able to download and review with your partner.
OK. I also saw something about a 10% discount for subscribers to this service. Does that apply here?
Correct! Because of your membership, you get a 10% discount. So the fee is $950, but you only pay $855 all inclusive.
OK great. Go ahead and send me the job and I'll get it paid so we can get started. Will you be able to have a call this week to discuss further details?
For sure! I can set up the job and we can set up a time to chat. I want to make sure we've covered everything thoroughly. Is there anything else you'd like to discuss, or any details I can go over again for you?
No, I think this is all I needed. Thanks again and look forward to working with you.
You bet! Thank you for trusting contractscounsel.com with your question.
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