Sometimes after two people get married, they decide they want to ensure fair asset division if they divorce. If you are married and want to address arrangements in the event of a marriage dissolution, a qualified Beaufort postnuptial agreements lawyer could help you. The marital agreements attorneys at Schiller & Hamilton understand the benefits of postnuptial contracts and could ensure that yours is drafted correctly and legally binding.
Prenuptial Versus Postnuptial Agreements
Many couples intending to marry consider getting a prenuptial agreement to address property division in the event of a divorce. Not everyone considers a prenup, and even if they do, they might not get around to finalizing and signing a contract.
A postnuptial arrangement, or a postnup, is no different than a prenup except that it is created after the couple has already married. This may be because they are contemplating divorce or simply want to protect themselves from the unexpected. Like a prenup, a postnup is a legally binding contract between spouses and enforceable under state law. An experienced Beaufort postnuptial agreements attorney could explain the value of this contract.
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Why Consider a Postnuptial Contract?
A postnup can help struggling couples keep their marriage intact. By purposefully addressing their property and financial difficulties, spouses may be able to focus less on those and more on strengthening their marriage. For example, if one spouse has acquired substantial gambling debts, a well-crafted postnup can address responsibility and put the issue to rest.
Postnuptial arrangements can also allow couples to buy and sell property during their marriage without worrying that the other spouse will acquire an interest in it. If both parties want to keep certain properties separate, a postnup could determine what property each spouse would retain as their own in the event of a divorce.
How Could a Postnup Help if a Couple Has Children?
A postnuptial can provide financial security for the couple’s children. For example, spouses can state if they will jointly contribute to their child’s college education if they decide to separate.
A postnup can make sure a spouse’s children from a prior marriage are the inheritors of certain pieces of property. Someone can designate a particular property to be preserved for their children in the event of a divorce. A party could consult a postnup contract attorney in Beaufort to learn more about the benefits of these options.
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Legal Requirements for Postnups in Beaufort
A postnuptial agreement must meet specific legal requirements to be considered valid and enforceable. These include:
- The arrangement must be written and signed by both spouses
- An affidavit providing full financial disclosure must be attached to the arrangement
- The agreement must be essentially fair to both parties
- Neither party can force the other party into signing the contract
Additionally, each spouse must have the opportunity to consult an independent attorney to explain the agreement to them before signing. If any of these conditions are not satisfied, a judge may refuse to enforce the contract if the parties divorce. Spouses considering entering a postnuptial arrangement should consult a skilled attorney in Beaufort.
Enlist a Beaufort Postnuptial Agreements Attorney to Help Today
A postnuptial arrangement can go a long way toward creating peace between a couple and is often smart planning for the future. If you are considering a postnup, it must be drafted correctly and meet all the state’s legal requirements. A Beaufort postnuptial agreements lawyer could discuss your situation and determine if a postnup is right for you. Call Schiller & Hamilton today to learn more.