Pre and Post Marital Agreements
Experienced Team of Divorce Attorneys
Do you need legal assistance with your divorce? Are you having complications with either your pre or post marital agreement? If so, do not wait to get in contact with JSBell & Partners’s Divorce Law Team today.
Pre and post marital agreements can save the time and expense involved in a divorce, but they could also contain interpretation challenges or be otherwise vague, ambiguous, or unfair.
If you believe that terms in your marital agreement are unfair or inaccurate or have questions about your agreement, it is time to hire a divorce attorney.
At JSBell & Partners we understand that your situation has greatly changed from when you got married, and we are prepared to fight to get you a divorce arrangement that is both fair and beneficial for you. Our divorce attorneys are experienced in negotiating, settling, and litigating your divorce.
Call or contact us today for a free and confidential consultation to safeguard your life’s hard work and protect your future.
What Are Pre and Post Marital Agreements?
Pre and post marital agreements—also called prenuptial and postnuptial agreements—delineate how assets and property are to be divided in the event of divorce.
For instance, a pre martial agreement is made before the marriage, and a post marital agreement is made after the marriage—both detail how the spouses will divide their assets and property.
Pre Marital Agreements
A pre marital agreement is drafted and formalized before a coupe gets married. It describes how they will divide their property and assets in the event that they get divorced.
Supporters of these agreements note that they save the time, money, and stress associated with a protracted divorce proceeding because the terms of the divorce have already been detailed and documented. Opponents instead argue that these agreements are unromantic by outlining who gets what upon the divorce of the couple that has not even married yet.
Aside from these arguments, there are many important reasons to secure a pre marital agreement. For instance, not only do they control who gets what upon divorce, but they can also detail property and asset distributions upon the death of one spouse—which is a good idea if the couple has children from prior marriages.
These agreements are also extremely beneficial for couples getting married who have significant assets or highly valued property before getting married. Unfortunately, not all marriages last a lifetime, and these agreements have been proven over and over again to protect an individual’s wealth.
Despite the advantages, some couples do not create pre marital agreements because their benefits are insignificant. For instance, couples that get married young and who have very little assets and property generally do not need such an agreement.
However, if one individual is expecting a large inheritance despite the fact that he or she has no assets or property to bring to the marriage, it may be in their interest to draft a pre marital agreement to protect their right to the inheritance.
Items that are usually included in these agreements include a detailed list of each individual’s assets and property; how those assets and property will be divided upon the occurrence of divorce and whether certain assets and property will remain with one spouse over the other; and how debts will be resolved.
Each state has different rules regarding the formation, regulation, and enforcement of a pre marital agreement. Nevertheless, all states follow the rule that the agreements must be procedurally and substantially fair as well as be free from fraud, duress, and undue influence.
Post Marital Agreements
A post marital agreement is entered into between the spouses after their marriage. Like pre marital agreements, these agreements outline asset and property division upon the occurrence of either divorce or death of the other spouse.
These agreements have grown quite popular recently. Although almost all states allow them, the rules regulating post marital agreements can differ.
However, there are some elements that are regarded as essential in post marital agreements. These include the following: the post marital agreement must be in writing; it must be entered into voluntarily by both parties and without fraud, duress, and undue influence; the provisions outlined in the agreement must be fair; both parties must be provided with full disclosure; and both parties must sign the post marital agreement.
It is important to remember that the second you get married, many of your assets—such as your future earnings and retirement—become “marital property,” meaning that your spouse may now assert a claim to them.
This is why many individuals have increasingly found it beneficial to draft a post marital agreement that details how such assets and property will be divided upon the occurrence of divorce.
Securing a post marital agreement can save spouses the time and money of a divorce proceeding as well as spousal arguments regarding who gets what in the event of divorce.
How an Attorney Can Help You with Your Pre or Post Marital Agreement
It is important to retain a divorce attorney who is experienced in dealing with the process and complications of pre and post marital agreements. An attorney can help you with drafting and interpreting the agreement.
Your spouse may also seek to have the agreement declared invalid or unconscionable by a court. In such circumstances, you will definitely need an attorney on your side.
An divorce attorney should have a detailed understanding of what is permitted and what is not permitted to be included in a martial agreement; whether the spouses have satisfied their disclosure obligations, and whether there are any other procedural or substantive defects in the agreement.
Because pre and post marital agreements are in essence contracts, you should retain an attorney who is not only experienced in divorce law but who also has an intricate understanding and experience in interpreting contracts and contract law.
Overall, an attorney can help you save time and money when it comes to finalizing your divorce. Our team of divorce law attorneys will also fight to get you a divorce division arrangement that is most beneficial and fair for you.
Need Assistance with Your Pre or Post Marital Agreement?
Pre and post marital agreements are usually obtained to avoid the time and expense of a possible divorce proceeding later on in the couple’s lives and to eliminate the stress of divorce.
However, these agreements can be subject to interpretation issues—such as vagueness—or can be declared invalid by the court. In these cases, you will need the legal services of an experienced divorce attorney.
At JSBell & Partners, our divorce law attorneys are not only knowledgeable in divorce law but also have a firm understanding of and solid experience in contract enforcement and execution—both of which are required when representing divorce clients with their pre or post marital agreement.
Call us today or contact our office for a free consultation to protect your future.