State law empowers spouses to write and sign postnuptial agreements where they can identify their assets and how they want to divide them if the marriage ends. You and your spouse might consider making a post-marital contract so you can have honest conversations about assets and shared finances. Regardless of why you want a postnup, you can ensure any contract you sign suits your needs with the help of a marital agreements attorney.
A Murray postnuptial agreements lawyer from our firm could help you understand the function of a post-marital contract. They could also arm you with the knowledge you need to make vital decisions about spousal support or valuable assets. Our skilled legal advocates are well-trained in helping spouses navigate this often-delicate situation.
What Is a Postnuptial Agreement?
As its name implies, postnuptial or post-marital agreements are contracts that spouses sign after they tie the knot. In this document, spouses identify what property they own separately, like investments, checking or savings accounts, houses, and cars. Then, they discuss what they want to do with these items if the marriage ends.
People may decide to enter into a postnuptial agreement for many reasons. The most obvious reason is if they are contemplating divorce, but this is by no means a requirement for a postnuptial contract. Oftentimes, a spouse may have high-value or complex assets and wants to articulate what is theirs and what is not.
Those wanting to establish postnuptial agreements should tread carefully. Courts use these documents to guide property division at the time of a divorce, so they can have irreversible impacts on someone’s legal rights to property or spousal support. A Murray lawyer could answer questions about postnuptial agreements and help residents write a contract that works best for their circumstances.
When Is a Postnuptial Agreement Unenforceable?
If spouses do not follow the proper legal procedures, the postnuptial contract they sign may be unenforceable. In some cases, courts will throw out the unenforceable sections while keeping the valid provisions, but sometimes, they refuse to enforce the entire document.
A postnuptial agreement may be unenforceable if it tries to determine child support, a child’s healthcare, or other child-related matters. Additionally, if the court does not think a spouse was honest about the scope of their assets, it may disregard the contract. Finally, a judge may be reluctant to enforce a postnuptial agreement if they have reason to believe one of the spouses was forced or coerced into signing it.
Postnuptial agreements are powerful tools people can use to talk about and decide on critical financial issues. Our lawyers in Murray can offer guidance on how these contracts work and ensure any signed postnuptial agreement is legally enforceable.
Call a Postnuptial Agreements Attorney in Murray for Help
You can use a postnuptial agreement to have control over your assets regardless of whether you see divorce in the future. Instead of wading through the mountains of misleading self-help tools online, call on the help of a trained professional you can trust. A lawyer can provide you with direct answers to your questions and relevant information for your specific situation.
Our attorneys offer invaluable support to those interested in creating a postnuptial plan. We understand this may be a challenging and unfamiliar step in your marriage, and we are here to guide you every step of the way. Contact a Murray postnuptial agreements lawyer at Full Circle Family Law today for legal help.