Postnuptial agreements, however, as their name suggests, aren't entered into before a marriage occurs, but after the relationship has already been legally established. A postnuptial agreement can give you peace of mind, knowing that your future and property will be fully protected. The Agreements Can Help Organize Priorities. It may also be a good idea to get a postnuptial agreement if you want to leave the workforce to raise your children. Work with Our Michigan Postnuptial Agreement Attorneys Today! However, not all prenuptial agreements in Maine are enforceable.
While signing a prenuptial or postnuptial agreement is often thought of as "planning for divorce, " the reality is that there are many important reasons to consider signing one. This agreement might maintain as separate some future property that would normally be treated as community property. Some of the items commonly included in North Carolina postnupts are: In order to be valid, the postnuptial agreement needs: Like most contracts, a postnuptial agreement is invalid if the signature of one of the parties was obtained while the party was under duress or was coerced into signing. How Long Before My Wedding Should I Seek A Prenuptial Agreement? The agreement was not obtained by fraud, duress, mistake, or misrepresentation. Another potential pitfall is that if the agreement is done in an improper or flawed manner, it could render the document invalid. Often, couples who opt for postnuptial agreements have a significant amount of property they wish to protect. A postnuptial agreement occurs after the marriage. We pride ourselves on being a trusted advisor.
Our Boca Raton prenuptial & postnuptial agreement lawyers serve all of South Florida, conveniently located off I-95 in the Bank of America Building. Did both spouses enter into the prenuptial agreement knowingly and voluntarily? There must be informed consideration, which may include providing financial statements and tax returns for each spouse along with a full disclosure of all assets. Johns Creek Postnuptial Agreement Lawyer. In a prenuptial agreement, partners agree on terms surrounding financial and legal issues before getting married. In such cases, they may also help establish important aspects of the divorce should their partner fail to meet these established expectations.
There are two types of prenuptial agreements I commonly see people ask for. In matters concerning children in Maine, their best interests take precedent over the interests of the parents — and these cannot be predetermined. Because prenuptial agreements can change the rights otherwise available under the law, the courts look closely to see if the agreement was done properly. Will the Court Enforce Your Postnuptial Agreement? Protect Your Finances with a Nuptial Agreement. The sooner we can review the necessary information, the sooner we can formulate a strategy for your unique circumstances, helping to ensure the best possible outcome. How Can a Postnuptial Agreement Protect Finances?
Talking to Your Significant Other About an Agreement. The attorneys at ADAM are proud to help men aggressively negotiate favorable postnuptial agreements that protect their finances. This may occur in instances where substance abuse becomes an ongoing problem, one of the party's has an extramarital affair or a gambling addiction threatens the couple's financial security. The statute uses the term "prenuptial agreement" to refer to arrangements that spouses-to-be will execute before marriage that becomes effective upon marriage. Finally, we should note that a court is much more likely to enforce your prenuptial agreement if both sides are represented by their own legal counsel.
Marital agreements can decide marital property issues in Broward, Miami-Dade and Palm Beach counties before they become contentious. In these cases, either or both spouses seek to protect their assets and clarify the way in which the marriage will resolve. When we sit down with you to discuss your prenuptial agreement, we will review all your options in detail. These are further discussed below. We know what is needed to create a valid and just postnuptial agreement. Traditional calculations for the division of assets, spousal support, and alimony are often inadequate. Harold C. Zuflacht, another founder and partner at Higdon, Hardy & Zuflacht, L. P. was first certified in the area of family law as a specialization in 1997. Individuals with significant assets coming into a marriage may want to protect these assets in the event of a divorce. There are very strict guidelines when creating and enforcing postnuptial agreements in North Carolina. At The Marks Law Firm, L. C, we have over fifty years of combined experience handling family law matters, including prenuptial and postnuptial agreements in high asset divorce.
While each marital agreement is unique, they typically include: - Identification of current and future marital property. The couple wish to avoid a contentious and costly legal battle in the event of a divorce. Clarify responsibilities for special expenses such as college tuition for children. Children from a previous marriage or relationship. Prenuptial agreements are especially useful when: There is a great disparity between couples in terms of income, assets, or debts; You plan to have one spouse dedicate considerable time and effort to raising children and managing the household; One spouse is in or will be in school while the other supports the household; One spouse has ownership interests in a business; and. We help individuals understand their rights with regard to all issues, including high asset division. Historically, individuals used prenuptial agreements as a wealth protection strategy. A lawyer considers what each side wants their agreement to contain and ensures that everyone is respected throughout the duration of the process. It may also change the ownership of certain property, say agreeing that some separate property is converted to community property. If you are interested in drafting a prenuptial or postnuptial agreement, I encourage you to call me at 941-584-9501 or contact me online with a brief description of your needs.
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