When you become engaged to be married, you are happy and hopeful about a long future with your fiancé. Similarly, when you get married, you probably think your marriage will last the rest of your life. However, life can turn in a different direction, and you and your spouse may divorce. Although this is not the outcome you expect, you can still be prepared by creating marriage documents that help you feel more financially secure when you become separated or divorced. Talk to a Rochester marital agreements lawyer about pre-nuptial and post-nuptial agreements.
You can avoid expensive, stressful arguments over money by drawing up legal marriage agreements with the help of an experienced family attorney at The Colwell Law Group, LLC.
A pre-nuptial agreement is a practical marital agreement that protects the assets and wealth a spouse already has in their possession before they get married. A person may want to draw up a pre-nuptial agreement if they have considerably more assets than their spouse or give up a career to stay home to raise a child/ren. They may desire to keep a family business out of a marriage settlement. Pre-nuptial agreements are a good idea if there is a/are child/ren from a previous marriage, or if the spouses have very different financial goals.
Pre-nuptials can also be used to protect a spouse if their fiancé has considerable debts before the marriage. The pre-nuptial can help ensure the other spouse is not responsible for the debts in the event of a divorce.
A good pre-nuptial agreement may eliminate future fights and nasty conversations that may occur if the spouses decide to separate. A lawyer in Rochester can create marital agreements that express a person’s wishes while also creating a document that lists all the assets involved in the marriage, which may be extremely useful during the divorce process.
Pre-nuptial agreements are more common than post-nuptial agreements, but they are basically the same thing. The difference is that post-nuptial agreements are signed after the marriage has already occurred. A married couple may wish to draw up a post-nuptial agreement to ensure peace of mind if the marriage leads to divorce, or to ensure the division of assets is already settled if a divorce happens. Sometimes, a major financial event occurs during the marriage—such as a job loss or bankruptcy—that causes a spouse to want a post-nuptial agreement.
A seasoned Rochester marital agreement attorney can draft a post-nuptial agreement that meets all the necessary requirements, so there should be no disputes if a divorce happens.
It is one thing to write a personal agreement, but it is quite another thing to create a legal marital agreement. A marital agreement is only valid if it meets certain legal requirements, which a knowledgeable lawyer in Rochester understands. For example, a legal marital agreement should always be enforceable. It should also be signed by two people who agree with what the document says and understand its implications. If a judge later comes to the conclusion that one of the parties signed under duress, the marriage agreement could be invalidated.
Even if you believe you will always be happily married, creating a rock-solid pre-nuptial or post-nuptial agreement is a wise financial decision. If you remain happily married, it never has to go into effect. However, if your circumstances change, you have a legally-sound document to turn to during your divorce or separation process.
Contact a Rochester marital agreements lawyer to begin discussing your marital contract. You will be glad you took the time to protect your finances and assets.
Colwell Law
N/a
(518) 462-4242
1241 Pittsford Victor Rd