When two individuals enter into a marriage, they have the right to also make a contractual agreement that sets the terms of that marriage. This agreement could be made before the wedding, after a wedding, or shortly before a divorce. In any of those instances, the guidance of a skilled family law attorney could be valuable.
Marital agreements can be beneficial in different ways. They can keep private family matters out of the courtroom and they can help set expectations for both parties entering into a marriage. If you are considering your options prior to or during the marriage, a Troy marital agreements lawyer might be able to help.
A pre-nuptial agreement is one of the most common forms of marital agreement that couples enter into. They are also the only type of marital agreement that occurs prior to the wedding. A pre-nup is a legally binding contract that both spouses must consent to.
These agreements cover a range of financial issues that could impact a marriage or divorce. It can determine what property is considered to be individual and what property is marital. This distinction matters because the marital property is divided by the court upon divorce. In addition to issues of property division, a pre-nuptial agreement could also set out guidelines for spousal maintenance.
It is vital to consider every angle of a prospective divorce when drafting these agreements. Ensuring that each spouse’s interests are protected could be possible with the help of a Troy marital agreements attorney.
Post-nuptial agreements have much in common with pre-nuptial marital agreements. These contracts can identify certain assets as marital or separate assets, or they could ensure a spouse receives a certain amount of spousal maintenance upon divorce. The major difference with post-nups is that these agreements are executed during the marriage instead of before.
There are different reasons why post-nuptial agreements are popular. Some couples use them to address debts that only one spouse is responsible for. Others enact them in the wake of infidelity. A Troy marital agreements attorney could assist with these documents regardless of the reason for why they must be made.
A marital settlement agreement is a tool that spouses can use to negotiate the terms of their divorce without the need for litigation. Using these agreements, both spouses could reach an amicable split and avoid airing their conflicts in public. Everything from spousal support to child custody could be laid out in these agreements. However, the court must give its approval in order to finalize them.
Not all marital agreements are preparation for the dissolution of a marriage. In some instances, these contracts are negotiated between two spouses who choose to remain married but live apart. Separation agreements cover many of the same details as a divorce, however. These agreements could outline monthly spousal support payments, child visitation agreements, and property division issues. A separation agreement is a viable option for couples who no longer live together but have their own reasons for not wanting a formal divorce.
Marital agreements can bring peace of mind to a number of contentious situations. For many people, these agreements can provide clarity and help spouses avoid harmful misunderstandings. If you are considering a marital agreement, it could be in your best interest to rely on the experience of an attorney. Contact a Troy marital agreement lawyer as soon as possible to learn more.
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