When you say “I do,” you are entering into a legal and financial partnership. Postnuptial agreements are entered into after marriage and can outline financial expectations for the parties. If you are considering a postnuptial agreement, you should speak with a Spartanburg postnuptial agreement lawyer to understand your legal rights.
At Holland & Usry, we assist people who have questions about marital contracts. An experienced marital contracts attorney can help you draft, review, and negotiate your postnuptial agreement. Call today to discuss your matter.
A postnuptial agreement is a legal document that spouses sign after marriage to determine how to divide assets and debts if the marriage ends in divorce or separation. You may want to enter into a postnuptial agreement if your financial situation has drastically changed over the course of the marriage, or if you both have children from prior relationships and want to ensure the children retain your assets. A Spartanburg attorney can help draft a postnuptial agreement enforceable by the court.
Parties may enter into a postnuptial agreement for various reasons:
If either party had a child from a previous relationship, the parties may choose to enter into a postnuptial agreement to preserve their children’s inheritance. Another common reason that parties may enter into a postnuptial agreement is that the parties did not have time prior to the marriage to sign a prenuptial agreement. A Spartanburg lawyer can help determine if a postnuptial agreement may be beneficial for your situation.
Most courts will enforce a marital agreement if it is voluntarily entered into and neither party is forced or manipulated into signing the agreement. It is also important to make sure that both parties fully disclose all assets, debts, and income because hiding any assets can make the agreement invalid. The terms of the contract must be fair to both parties.
It is best practice for each party to have a separate attorney review the postnuptial agreement on their behalf. Having independent counsel review the document proves that both parties fully understand the terms of the agreement and their legal rights. A Spartanburg attorney can help you understand your legal interests before signing a postnuptial agreement.
Having a conversation with your spouse about a postnuptial agreement may not be easy, but discussion may be necessary to gain clarity about your financial future. If you have questions about this type of marital contract, you should speak with a Spartanburg postnuptial agreement lawyer.
At Holland & Usry, we understand that the conservation may be difficult, but addressing financial matters can help avoid disputes later. We can help answer your questions about the enforceability of a postnuptial agreement. Call today to discuss your options.