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Whether you are marrying for the first time or a subsequent time, it is usually a good idea to have a plan in place in case marriage does not work out. Accordingly, you may want to consider a prenuptial arrangement in the event of a divorce.
A Beaufort prenuptial agreements lawyer understands the laws governing marital contracts and could explain your legal rights before you sign one. A marital agreements attorney at Schiller & Hamilton could draft enforceable prenuptial agreements and ensure they stand up to any court challenge.
Why Consider a Prenuptial Arrangement?
There is often a misconception that prenuptial agreements, or prenups, are a sign of distrust, but that is usually not the case. Entering into a prenuptial arrangement allows both people to agree on how to divide their property if they ever decide to divorce.
Spouses could also use a prenup to define what interest each has in any property the other obtains during their marriage. For example, if one spouse wants to start a business and the other does not wish to be involved in it, a prenup could ensure that the company remains nonmarital property. The parties could also determine in advance who will be responsible for any debts they incur during the marriage.
Rather than hindering a future marriage, a prenup could benefit a couple by enabling future spouses to discuss their finances and any potential conflicts before they get married. Anyone considering a prenup should consider consulting with an experienced Beaufort prenuptial contact attorney.
Requirements for Successful Prenups in Beaufort
Under state law, courts generally enforce a prenuptial agreement if it has met the following conditions:
- Neither spouse obtain it by committing fraud or forcing the other party to sign it
- Both parties fully disclosed their financial circumstances
- Both spouses were mentally capable of understanding the other party’s financial condition before signing the agreement
- The arrangement is fair to both parties
- There has not been a change in circumstances since the parties signed the prenup that would make enforcing it unfair to one party
- Neither party entered into the prenuptial agreement specifically contemplating divorce
It is important to understand that “fair” does not necessarily mean that each party receives precisely the same benefits as the other. Instead, it means that the contract is not unconscionable, or so extreme that no reasonable person similarly situated would have signed it. A knowledgeable Beaufort attorney could explain the legal requirements for a valid prenup and ensure that it is properly drafted before a couple is married.
How Are a Couple’s Children Affected by Prenuptial Contracts?
People may want to define their parenting roles in a prenuptial contract, particularly if they have children together before they marry. State law mandates that any provisions relating to custody and child support must be in the children’s best interests at the time of their parents’ divorce.
Accordingly, provisions outlined in a prenup years before a couple separates might not be enforceable if those terms no longer meet their children’s needs. However, even if a judge refuses to enforce child-related prenuptial terms, they could still enforce the remainder of the marital contract.
Prenups are also an effective way to protect children from a prior marriage. A spouse could designate specific property that they want to be kept separate from the marital estate for the benefit of their children. A skilled attorney in Beaufort could ensure that a couple’s children are not forgotten about in a prenup arrangement.
Call a Beaufort Prenuptial Agreements Attorney Now
If you are considering a prenuptial arrangement with your spouse or have questions regarding an existing contract, a Beaufort prenuptial agreements lawyer could help you. Schiller & Hamilton’s capable attorneys have extensive experience in reviewing, drafting, and enforcing prenups. Call our office today to learn more about your opportunities.