7 - 2021 - Azemika & Azemika

What Is a Postnuptial Agreement and Why Should You Consider One?

August 11, 2021July 30, 2021 by wpadmin

While the idea of a prenuptial agreement may not have even been on your radar as you got engaged and started your life with your spouse, we all know that circumstances in life change through the years.

The family law attorneys at Azemika & Azemika have been providing expert service to Kern County for over 28 years. Our clients have peace of mind knowing that they are receiving knowledgeable representation at an affordable cost.

Today, we will discuss what a postnuptial agreement is and why you may want to consider one.

How Long Have Postnuptial Agreements Been Around?

Before the 1970s, postnuptial agreements were not usually enforceable. When a couple was married, for legal purposes they were considered a single person, and a single person can not enter into an agreement with themselves.

However, as more couples began pursuing divorces and more states began establishing “no fault” divorces, postnuptial agreements became more extensively enforced.

Why Would Someone Need/Want a Postnuptial Agreement?

In the past, like prenups, postnuptial agreements tended to have a stigma attached to them. They have often been viewed as “encouraging” divorce. However, just because a couple is entering into a postnuptial agreement doesn’t automatically mean they are thinking about divorce.

Here are some reasons that a couple may enter into a postnuptial agreement:

To clarify what each party’s intentions are for the property they brought into the marriage.
If a spouse has children from a previous marriage/relationship and they want to make sure that particular assets get passed on to those children.
One spouse has been irresponsible financially or has gotten into legal trouble during the marriage.
If one spouse receives an inheritance, wins the lottery, or encounters another type of financial windfall.
If one spouse leaves their job to stay at home to care for their children, a postnuptial agreement can ensure that they will have the resources they need financially if the marriage were to end in divorce.

What Provisions Are Included in a Postnuptial Agreement?

Prenuptial and postnuptial agreements typically include the same types of provisions. The primary difference is that a prenuptial agreement is entered into before a couple is married, and a postnuptial agreement is entered into after the couple is already legally married.

Typical items included in a postnuptial agreement are:

Protection from debts that your spouse has incurred
How mutual debt and assets will be divided
Provisions for children from prior marriages or relationships
Whether one spouse will pay spousal support and for how long the payments will continue
The ownership of businesses, property, family heirlooms, or inheritances
How assets will be handled in the event of the death of one of the spouses during the marriage

Postnuptial agreements can also include custody and child support if the marriage ends. Sometimes, however, if the courts determine that the postnuptial agreement tries to restrict or limit child support or parenting time with children, they may not enforce that part of the agreement.

What Are the Different Types of Postnuptial Agreements?

There are three different types of postnuptial agreements in the United States.

Dividing assets and providing for spousal support – This is the most common type of postnuptial agreement. It lays out how assets and debts will be split in the case of a divorce. Spousal support is also addressed, as well as if one spouse waives spousal support in place of certain marital property. This type of agreement includes property brought into the marriage by each spouse and any property acquired throughout the marriage.

A way for each spouse to waive spousal rights in the event of the death of their spouse – This type of agreement will supersede a will or state laws that give spouses certain property rights. When signing this type of agreement, each spouse waives their rights to inherit property or other assets of the deceased spouse.

Provide a layout that can later be used as a separation agreement – This agreement spells out how custody, child support, and spousal support are to be handled and how the couple’s assets and debts will be divided. This type of postnuptial agreement can be integrated into the divorce decree, limiting the time and cost of a divorce.

Let the Professionals Help You With Your Postnuptial Agreement!

Although no one wants to think of their marriage ending in divorce, a postnuptial agreement can help you avoid the burden and extra stress of hashing out the details in a very emotional and trying time in your life.

At Azemika & Azemika, we focus solely on family law so you can know, without a doubt, that your family law issues are in good hands. Our clients can expect superior service from attorneys and staff that care about their needs.

How to Talk About a Prenup With Your Partner

August 18, 2021July 20, 2021 by wpadmin

When you get engaged, you’re not expecting or hoping that your marriage will end in divorce. You’re expecting happily ever after. But in reality, you know that some marriages do end in divorce.

There is a stigma attached to the idea of getting a prenuptial agreement (also known as a prenup). Many people see it as their partner not being “all in” on the relationship or that they are expecting the marriage to fail before it even begins. This can make it difficult to talk to your partner about it if you decide that a prenup is what you want.

At Azemika & Azemika, we have helped people navigate legal issues pertaining to family law in Kern County for over 28 years. Our practice focuses solely on family law, so you can be assured that we have the knowledge and experience needed to help you work through the process of any family law issue you are facing.

Prenuptial agreements are a commonplace and wise way to ensure that in the event of a divorce, you and your partner’s assets are protected. Today, we’re going to take a look at the prenup discussion and address how best to approach the conversation with your partner.

Start the Prenup Conversation Early.

The sooner you bring up the conversation, the less pressure you will feel. Addressing the conversation shortly after your engagement can make your partner feel more relaxed and more willing to communicate with you.

Even better, if you address your desire for a prenup while you are still dating, you can use your partner’s reaction to decide how to handle the subject later in your relationship. Not only that, they will know your thoughts on the matter early enough to process the idea of a prenup. It is recommended that you have the conversation before your engagement if possible, so that it becomes less of a conversation of the trust between you and your partner as you become increasingly committed, and instead more of a conversation on the concept and benefits of the agreement.

Make Sure to Emphasize That There Are Benefits to Both of You.

If you point out the fact that a prenup can significantly benefit both of you, your partner may feel less intimidated by the idea.

Prenups can provide emotional and financial stability if your marriage ends in divorce. Since everything has already been planned, there is less fighting, less tension, and it allows both of you to move on with your lives with all the variables already considered.

Discuss and Decide the Terms Together.

If you go into the conversation with an agreement in hand, most likely, your partner will immediately become defensive. If your attorney has drawn up the contract, it will most likely have been drafted in your favor.

Instead, look into hiring a mediator to write the prenup with your partner so that you both have input, and it will allow the two of you to discuss what expectations you each have for your marriage.

Be Upfront With What You Want.

If you want to draft a prenup without causing resentment from either party, you have to trust and communicate with each other openly.

If you want something in the agreement, being open and honest with your partner will help them understand what is important to you. When you suggest a term of the agreement, especially one that you think will trigger your partner, make sure you take the time to help them understand why you want it. The more they understand your “why,” the better the conversation will go.

Listen to Your Partner.

There will be terms of the agreement on which you will both agree. But your partner will likely have some concerns that are different or even the complete opposite of yours. When this happens, be sure to listen to them with an open mind, and be sensitive to their needs and concerns.

Every disagreement that comes up allows the two of you to improve your relationship and understand each other better. This whole process isn’t to “win” or “be right.” It is a chance to strengthen your relationship and build a steady partnership for the union to come.

Make Sure You Leave Room for Change Through the Years.

A prenup should cover more than just what you have at the time of drafting the document. It should also consider things that haven’t happened yet.

Right now, you may not have much, but in the future, that could change. When the document is drafted, you could be running your own business while your partner has their own career. In the future, your partner may play a significant role in your business, or perhaps you or your partner steps back from their career to stay home and raise your children.

The possibility of all of this should be taken into account when drafting the prenup as well.

Need Help Talking About a Prenup With Your Partner? Call Azemika & Azemika.

A prenuptial agreement can help relieve undue stress during a difficult time in your life. Knowing that your assets are protected and that the solution has been laid out can help you move into your marriage with peace of mind.

Let the attorneys at Azemika & Azemika help you manage the process of drafting a fair agreement that will benefit you and your future spouse.

Do Mothers Have More Parental Rights Than Fathers?

August 11, 2021July 10, 2021 by wpadmin

If you are a father who is in the midst of a separation or a divorce, you may be wondering if you even have a chance to gain custody of your children. Often, fathers are under the assumption that the custody of their children will automatically be granted to the mother. This is untrue.

While it is true that the courts often leaned towards awarding custody to the mother in the past, the state’s views have changed, and there is no longer a preference of women over men in granting custody.

At Azemika & Azemika, Kern County family law practice, our attorneys have a combined total of over 56 years of experience in family law. Our practice strictly handles family law cases, so you can rest assured that you’re in good hands.

How Was Child Custody Decided In the Past?

In the past, men were generally expected to be the breadwinner of the family, while women were typically expected to stay home to care for the house and the children. Due to this being the expected cultural norm, when a couple pursued a divorce, it was very common for the mother to gain custody of the children.

Custody Laws Today

Many women, whether married or single, work outside of the home, and more men have begun staying home and becoming the primary caregivers to their children. In most cases now, both the mother and the father contribute to finances as well as raising their children.

As familial responsibilities have changed, laws have changed as well. Scientific research has suggested that children fare better when both parents are actively involved in their lives. Courts now promote participation from both parents when deciding custody.

Why Don’t More Dads Have Custody?

Looking at the divorced couples that you know, it may appear that mothers are still the primary caregiver, and statistically, they are. You may be wondering how that is possible if there is not a bias in family court. The majority of the time, the courts are not who decides who has how much parenting time.

In over half of custody cases, the parents decide that the mom should have primary custody of the children without the court’s intervention. Only a small percentage of child custody cases ever go to trial, and very few go entirely through the litigation process. This means that family courts are usually not deciding who the primary parent should be. Typically, the parents are the ones deciding that the mother should have primary custody.

It is also possible that fathers do not pursue custody because they believe they will be discriminated against in court or simply don’t want to put themselves and their children through the process. The bottom line, however, is that statistics simply do not indicate that there is a bias in the courts toward awarding custody to a female parent versus a male parent.

How to Take Advantage of Your Rights as a Father

The excellent news for fathers is that if you choose to assert your child custody rights, the laws are on your side. Shared parenting is normally what the courts lean towards unless extenuating circumstances exist. It is absolutely possible for you to be awarded equal parenting time.

If you were married to the mother of your children when the children were born, you are generally assumed to be the legal father of the children, so it will not be necessary to establish paternity first. You can petition the court for custody arrangements as part of the divorce proceedings. If the divorce has been finalized, you can ask for a modification to the custody arrangements to allow for more time with your children.

If you were not married to your child’s mother, you might have to take steps to establish paternity. Once paternity has been established, the same rules apply as above. And even if you are an unmarried father, you have equal parenting rights as the mother.

It is important to know that research suggests that children do better when their fathers are involved in their lives. If you genuinely want to be part of your child’s life, take the initiative to ask for a custody arrangement that will allow you to participate.

Need Help Asserting Your Parental Rights as a Father?

When facing a custody battle, you need the best representation possible — a lawyer that knows the judge and court as well as one who can help you fight for your rights as a parent who wants what is best for their child.

Azemika & Azemika Law in Bakersfield has helped families navigate divorce and child custody cases for more than 30 years, providing strong trust behind their legal guidance.

For a family-oriented firm at an affordable cost, contact Azemika & Azemika Law today.