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While nothing can eliminate the complexity of divorce, a well-crafted marital agreement can be a useful tool to resolve some of disputes between a married couple. A Schiller & Hamilton family attorney could help make your divorce goes as possible. A Beaufort marital agreements lawyer understands the stress that could come with divorce and could work toward a fair resolution of your case.
Types of Marital Arrangements in Beaufort
There are three types of contracts that fiancées or spouses can use to plan for the future in the event their relationship fails. These are prenuptial, postnuptial, and marriage settlement agreements.
Prenuptial Contracts
A prenuptial agreement, also known as a prenup, is a legally binding contract between spouses that dictates how their property and debt are to be divided if they divorce. Prenups are useful if spouses do not want to commingle all of the property they acquire during their marriage and can help avoid costly divorce litigation.
Postnuptial Agreements
Much like prenuptial agreements, a postnuptial arrangements can help a couple determine property division and other complexities, like spousal support. In postnuptial contracts, spouses cannot specifically address child-related issues. Under state law, any decision relating to underage children must be determined if the parents divorce. This requirement ensures that the arrangements the couple makes for their post-divorce lives are in the child’s best interests.
Marital Settlements
Often referred to as separation agreements, a marriage settlement is a written contract that details the rights and responsibilities of divorcing spouses. Unlike prenuptial or postnuptial agreements, a couple can use a marital settlement to determine child custody and child support. If the separation arrangement fully resolves all outstanding issues, a judge may incorporate it in a final divorce decree.
Deciding which type of arrangement is best for a couple depends on their unique situation and what they are trying to accomplish in a contract. A capable marriage agreements attorney in Beaufort could assess the facts of the case and help determine whether a contract would be beneficial.
What are the Requirements for a Legal Marriage Agreement?
State law favors marriage contracts for resolving disputes without going to court. However, an arrangement must satisfy certain conditions before a judge approves of them. For a contract to be approved, it must be:
- Fair to both spouses
- Created without fraud, duress, or coercion
- Applicable to altered circumstances, such as a disability arising
Marriage contracts are intricate and governed by complex family laws. People considering these arrangements are well-advised to seek counsel from a knowledgeable marital contract attorney in Beaufort.
Contact a Beaufort Marital Agreements Attorney Today
Couples may find it difficult to talk about divorce. However, having a proper arrangement in place could mean the difference between a peaceful resolution and a long, costly court dispute.
Because arrangements like this can be challenging to draft, it is essential to speak with a Beaufort marital agreements lawyer experienced with these contracts. One of Schiller & Hamilton’s dedicated attorneys could help craft or review any contract your spouse has presented to you. Call our office today to learn more about your options.