During a divorce, there is a peace of mind in knowing that your rights regarding property and assets are protected. Marital agreements allow couples to create a contingency plan for the division of their assets, which can be helpful in divorce proceedings.
If you are considering a separation or would like to protect yourself in the case of a future divorce, reach out to a Junction City marital agreements lawyer. A knowledgeable family law attorney could advise you of your legal options and protect your interests through a valid contract.
There are three common types of marital contracts. These include prenuptial, postnuptial, and separation agreements.
Prenuptial agreements, or “prenups,” are one of the most common types of marital contracts. Couples execute prenups before they are married. These written agreements can be valuable tools for ensuring that both parties have a full understanding of their current financial situation and future rights over property.
With a prenuptial agreement, couples may mutually decide some of the issues that could come up during a divorce ahead of time. This is not to plan for the marriage to fail but instead to provide peace of mind for both future spouses.
Postnuptial agreements are very similar to prenups, but couples execute them during a marriage. Couples that did not feel a prenuptial agreement was necessary might execute a postnuptial contract later in life if their financial situations change.
Under state law, a married couple may choose to legally separate but stay married. In these cases, it is often best to execute a separation agreement. These types of contracts can put into place some of the financial support options common with divorce, like property division or spousal support. Separation agreements are a useful option for couples who are ready to live apart but are unprepared to go through a divorce.
Every family situation is different, so it is always best to consult with a knowledgeable Junction City attorney before drafting any marital agreements. A lawyer could provide insight into which type of arrangement is best for a couple and draft these documents in a way that best represents someone’s best interests.
A marital agreement can address many aspects of a couple’s divorce or separation. However, these nuptial contracts cannot dictate issues regarding child support or custody. Courts have the final say on all custody matters and make determinations on child support or custody based entirely on what is best for the child. A judge’s determination will overshadow any provisions in a marital agreement.
While parents do not have the final say on child custody, many marital agreements do set out proposed terms for custody issues. The court is not obligated to accept a parenting plan put forth through a marital agreement, but they often do so. A local attorney could advise parents on drafting a proposed parenting plan in their spousal agreement.
Marital agreements can be a helpful tool for couples planning for marriage, experiencing financial changes, or considering ending their relationship. A nuptial contract could positively impact your marriage and provide reassurance that your assets are protected.
Our Junction City marital agreements lawyers could help you determine which type of contract is right for you. Call us today to learn more.