When writing a marital agreement – even if it is not as a result of a divorce – there is always a chance that one of the parties might accidently agree to something that is not in their best interest. An experienced marital agreements attorney could make sure that certain assets are divided in a mutually beneficial way between the spouses. They could also help draft the separation agreement and provide counsel to one of the parties in order to ensure a divorce is done fairly. For these reasons, and others, anyone who is constructing a document with their partner should consider the benefits of an Albany marital agreements lawyer.
Even if an individual already has an agreement or framework drafted, it is to their benefit to have a lawyer review the document and identify anything that seems out of line or could potentially have a negative impact. If the other spouse has an attorney, the two could discuss the matter on an even playing field. It is also not possible to waive any obligation of child support in a separation agreement.
Another benefit of an Albany lawyer is they could work to ensure that all financial disclosures have been made in the marital agreement, among both parties. It is important that the party they represent has all of their assets listed so that they will not be accused of purposely hiding something of value.
In order for a marital or separation agreement to be valid in the state of New York, it must include certain language or provisions. An attorney who has experience in these types of negotiations could analyze the document for these provisions and offer corrections where they are necessary. An individual who is trying to construct in agreement alone would have to spend time and energy researching these provisions, which is why it is often worth it to team up with a lawyer who already knows what to look for.
It is not uncommon for a person to be forced to sign an unfair agreement under duress from their spouse, or for them to be coerced into signing one with the threat of not being allowed to see their children again. This is effectively considered blackmail, and an agreement that was signed under duress or coercion may be considered null and void in the eyes of the court.
In most cases, it would be considered unethical for one attorney to represent both parties. Especially with a separation agreement, there are going to be conflicting interests between the spouses, and one lawyer cannot fairly represent both of their interests. One of the only situations where it could be acceptable for one lawyer to work with both parties is if they plan on drafting a prenup. In this case, a lawyer may also recommend that another attorney review the agreement to avoid the appearance of a conflict.
It is possible that a person might sign onto an agreement even if the language of the document actually harms them or does not address some asset that they should be entitled to. They could benefit from a Albany lawyer looking over the marital document and inform the party if there is anything present that should concern them or that should be revised.
Those who have not been trained in family law should not consent to a marital agreement without having legal counsel approve of it first. You run the risk of getting locked out of certain assets in a divorce, which could impact your future. Call the office now to learn more about the benefits of an Albany marital agreements lawyer.
Colwell Law
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