Deciding that it is time to end your marriage may be one of the hardest decisions you will make. Once a decision is made, you now must take the steps to formally end the marriage, which must be accomplished through a case in family court. These cases can be lengthy, costly, and may create long-term resentment between you and your spouse. As a result, you may wish to take precautions to limit the effects of any potential divorce.
Marital agreements may also serve to strengthen a current relationship and may help to prevent a future divorce. A Frankfort lawyer could help you identify your goals for a marital agreement. By working with an experienced divorce attorney from Reidy Law Office LLC you can work towards an agreement that reflects your needs and desires.
Two people may enter into a marital agreement at any time. This can include agreements made in contemplation of marriage (“prenuptial agreements”), agreements made while already married (“postnuptial agreements”), or even agreements made to avoid a divorce trial (“Marital Settlement Agreements”).
A prenuptial agreement is an agreement created by non-married couples that create a plan for different assets and/or liabilities should the marriage ends in divorce. Similar agreements can also protect people who are already married.
Postnuptial agreements are identical to prenuptial agreements except for the fact that the parties are currently married. These agreements can help couples to go their separate ways without needing to go to court or could help the parties determine how assets and liabilities were to be divided even though a divorce is not pending. A lawyer could help you better understand the different types of marital agreements and which ones may serve your interests.
It is important to understand that a marital agreement is a contract between the two parties. Both parties must agree to all portions of any agreement and are bound to follow its terms. A marital agreement is intended to serve as a settlement in any potential future divorce.
A divorce must sever the legal bond between two parties. This means that courts must make accommodations for:
If the two parties can come to a mutual agreement concerning these issues, the court will generally accept and incorporate a marital agreement into a final divorce decree.
Of course, if the marriage does not end in a divorce, the agreement will have no effect. For this reason, many couples utilize marital agreements as a way to create certainty in their relationship or to lessen the chance for any animosity. Whatever your motivations for creating a marital agreement, a Frankfort lawyer could help.
Getting married is a joyous time in your life. However, if your marriage does end in a divorce, your assets, financial future, and even child custody are at the mercy of the courts.
If you enter into a martial agreement, you may be able to retain more control over your life. A Frankfort marital agreements lawyer could help you discover the assets that matter most to you and create a fair agreement that helps protect what matters most. Click here to see how our attorneys can help you.