Any time there is a change in someone’s life, a spouse, or the couple together, may choose to amend or revoke a marital agreement. Although this decision is a personal and intimate one, it is important to consult with a credible marital agreement attorney. A lawyer with experience with these types of cases could provide you with valuable guidance when amending or revoking Will County marital agreements.
There are many reasons why amending or revoking Will County marital agreements makes sense to certain married couples. If a married couple had a business and that business was entered into a marital agreement, it would make sense to amend or revoke an agreement if the business went bankrupt. Any time is a significant life event, it is good to reevaluate everything in one’s life, whether it is a contract, wills, or any sort of document.
There are a variety of reasons that could undermine the integrity of the agreement. A person can challenge a marital agreement if one of the parties entered into the agreement by force, duress, or perhaps they were not in the right state of mind and did not have an opportunity to review it with an attorney.
Another reason for challenging an agreement would be if it is unconscionable to enforce it the way it is written. An example might be that they entered into the agreement while both spouses were working, but one of them became disabled and unable to work and earn income. The other party may want to enforce the agreement as it was written at the time. A court would likely step in at that point and say the agreement is not enforceable because there was an unforeseen change.
Parties are always free to modify, alter, or terminate a written agreement so long as the new agreement is also made in writing. There are a variety of circumstances where an amendment is appropriate. One circumstance in which an amendment might need to be made is if one of the parties did not disclose something at the time they entered into it. Another could be that there is some other information missing. In theory, they could amend it to disclose the missing information or to make the agreement invalid.
When amending or revoking Will County marital agreements, it is important to consult with an attorney before taking any type of action. A lawyer can advise you on the specific circumstances in which such actions could be allowed. An attorney could also offer you guidance when deciding which parts of the agreement to amend, or if the agreement altogether should be challenged.
The process of amending or revoking a marital agreement could potentially be lengthy, which is why it is essential to contact a lawyer early on so that you and your spouse can make the changed you both agree upon in a timely manner.