Most people look at a marriage as a promise between two people who have chosen to share their lives. While the emotional component cannot be discounted, it is vital to realize these are legal and financial unions as well. For some people, a marital agreement is the best way to set expectations before any issues arise.
When you are considering one of these contracts, consult a dedicated family attorney for assistance with the technical requirements, which must be met for them to be enforceable. A single error could render the contract void, so it could be beneficial to work with Riley County marital agreements lawyer who could proof the document for you and help you understand your legal options.
While marriage agreements can be beneficial, they can also be complex. There are three common examples of these marital contracts a Riley County attorney could assist with: prenuptial, postnuptial, and separation agreements.
Arguably the most popular of the three, prenups are executed by an engaged couple before their wedding. When spouses enter these legally binding contracts, they agree to specific terms involving the potential breakdown of their marriage. Usually, this includes issues like the division of marital property or the award of spousal support.
When these contracts are valid, they override the standard approach the court would use for property division or other issues. The parties could agree that specific property is owned by one party instead of jointly, or they could have an agreement on what reasonable spousal support looks like.
Postnuptial agreements—or postnups—share a lot in common with prenups. They address many of the same legal issues that are likely to come up when two people get divorced. The major difference is timing; these contracts are executed by couples who are already married.
Two people could have a variety of reasons for pursuing a postnuptial agreement. For example, they are often used for setting the terms when divorce seems inevitable. One spouse might offer this approach to shelter the other from substantial debt they absorbed during the relationship. Circumstances change over the years; these documents offer couples the opportunity to adapt.
These contracts are not designed to set terms for the end of the marriage. Instead, separation agreements exist to address important details when a couple chooses to live apart without divorcing. Typically, they cover many of the same issues as prenuptial agreements, like alimony or property division.
When two people can agree, they can set contractually binding terms for almost every aspect of a potential divorce. There are some things these contracts cannot determine, however. An attorney in Riley County could provide insight into situations that cannot be covered by marital agreements.
Generally, these limitations involve minor children. Even if both parties are on the same page, they cannot reach an agreement on issues like child custody or support. This is because a court must make these decisions based on what is in the best interest of the juvenile.
When you reach an agreement with a current or future spouse about important financial issues, it can provide you with firm grounds to build a stable relationship. Clearing the air and setting expectations can be invaluable in a marriage, and a Riley County marital agreements lawyer could help you craft a contract that works for you. Call today to schedule a consultation and get started.
