If you are engaged or already married, we can help you draft a prenuptial or postnuptial agreement that safeguards your financial future. Marital agreements may not sound romantic, but they are one of the most responsible things two partners can do for one another. Ideally, you will never have to use such an agreement, but you can both rest easy knowing it is in place if a worst-case scenario ever occurs. These agreements can help avoid conflict and potential legal fees in that event. At Full Circle Family Law, our experienced Murray marital agreements lawyers can help you create a contract that effectively protects your assets and property.
The Benefits of a Marital Agreement
Whether you are planning to tie the knot or already took a trip down the aisle, a marital agreement provides a vast array of benefits for both parties. The process of creating an agreement allows couples to learn more about what is most important to each other as they broach topics that people often shy away from.
Here are some other benefits from creating such an agreement:
- You can classify which is separate property and which is marital property. Without a marital agreement, property and assets will be divided according to state law, which may not be in either party’s best interests.
- You can protect yourself from your spouse’s debts. If your partner enters the marriage with substantially more debt than you, a marital agreement can ensure it does not become your responsibility in the event of a divorce.
- If divorce does occur, the process will go a lot more smoothly with many of the contentious issues already resolved while you and your partner have each other’s best interests at heart.
- If you have any family heirlooms or a family business you wish to protect, a marital agreement will keep it in your family and prevent it from landing on the chopping block if you get divorced.
Although it might be a difficult topic to approach, creating a marital agreement can be beneficial for your relationship and future, even if you never have to use it. The better you understand each other, the more secure you will feel in your marriage.
What Makes a Marital Agreement Valid?
For a written prenuptial or postnuptial agreement to be valid:
- Both parties must have capacity. This means that both parties must be mentally sound and capable of making long and short-term decisions for their well-being, and they both must understand the consequences of their actions.
- A premarital agreement is not enforceable if it was not made voluntarily, or if it was made fraudulently (by failing to disclose property or financial obligations.
- If the parties agree to eliminate alimony in the event of divorce, but that elimination would make the recipient spouse eligible for public assistance, a court may invalidate that provision and order alimony in an amount needed to avoid that state support.
A prenuptial or postnuptial agreement can help you establish a more equitable union with your partner. Our attorneys can represent your best interests and help you protect your rights, ensuring that your agreement helps you thrive during your marriage.
Find a Murray Marital Agreements Attorney Today!
Whether you are planning to get married or already said, “I do,” you can benefit from creating a marital agreement to protect your interests and future. We can assist you throughout the process of creating an effective pre- or postnuptial agreement. Discussing this matter may seem like an impossible task, but once you overcome these initial obstacles, you can feel confident that, even if your marriage came to an end, you will not find yourself in a financially devastating situation Contact our team today to schedule an initial consultation.