There are a number of rights and responsibilities that come with getting married. These rights are put to the test when a couple chooses to separate and divorce. Given the impact that divorce could have on the joint finances and lifestyle of a couple, many choose to enter into marital agreements to avoid any uncertainty.
Marital agreements can resolve certain aspects of a divorce long before the couple files a petition for dissolution of the marriage. In fact, our skilled attorneys could help negotiate these documents prior to the marriage itself. Whether you are engaged or have been married for years, a Maplewood marital agreement lawyer at the Williams Law Group, LLC might be able to provide peace of mind for the future.
There are three types of commonly used marital agreements in Maplewood. While each involves setting out the terms of a divorce or separation, the major difference between these agreements is when they are executed. A marital agreement attorney at our Maplewood office could help determine the right type of document for a specific couple.
Arguably the most common marital agreement is the prenuptial agreement made prior to marriage. Engaged couples will enter into these agreements for a variety of reasons, including financial certainty for both parties. Prenuptial agreements are also useful in situations where one spouse has substantially greater assets than the other.
Alternatively, if a spouse has a closely held business, a prenuptial agreement could help prevent the company’s division in the event of a divorce. Prenuptial agreements are legally binding contracts that set terms regarding property division or spousal support should the couple eventually split.
The structure of a postnuptial agreement is similar to that of a prenuptial agreement. These legally binding agreements can also resolve issues that arise during a divorce, including the division of marital debts or assets. The difference is that postnuptial agreements are made by a married couple after the wedding.
There are several reasons why a postnuptial agreement might make sense. A couple could enter into an agreement in an effort to protect one spouse from the debt the other spouse incurred during the marriage. Married couples in Maplewood should consult a lawyer experienced in drafting these types of agreements.
Not every marital agreement is related to divorce. Separation agreements are also commonly used between married parties to lay out many of the same terms as a divorce. However, the end result involves the couple remaining married at least temporarily.
One of the key aspects of any marital agreement is full disclosure. This means that both parties must enter into a marital agreement with a complete understanding of the other party’s financial circumstances. A person cannot genuinely consent to the terms of an agreement if they do not have a complete and full understanding of the stakes.
For that reason, courts could find a marital agreement invalid if it is determined there was no full disclosure prior to signing. A Maplewood attorney at our firm could help ensure that two parties fully disclose their assets and liabilities before executing a marital agreement.
Whether you are engaged to be married or considering a separation, a marital agreement could provide you with peace of mind and security for the future. In many cases, resolving financial matters ahead of time allows a couple to make the most of their marriage without unwanted conflict.
A Maplewood marital agreement lawyer at the Williams Law Group, LLC could tailor a document to your circumstances. Call us today and set up a private consultation to learn more.