Spartanburg Prenuptial Agreement Lawyer

When you get engaged and married, you may believe that you will be together forever. However, the unexpected can occur, and you may be facing a separation or divorce that leaves you uncertain about your financial future. Having a prenuptial agreement can help you prevent that uncertainty. A Spartanburg prenuptial agreement lawyer can guide you throughout the prenuptial agreement process.

At Hooland & Usry, our marital contracts attorney can help you create an enforceable prenuptial agreement that protects your assets in the event of a divorce or separation. We understand that each couple is unique, and we are here to answer your questions. You can call today to discuss your prenuptial agreement.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal document signed before marriage that outlines how assets and debts will be divided if the marriage ends in divorce or separation. By signing the contract, the parties agree to replace the default rules that would normally apply with their own customized asset and debt division method that better fits their specific situation.

A prenuptial agreement is beneficial as it encourages the parties to discuss their assets and debts so each is fully aware of their financial situation before marriage. A Spartanburg lawyer can help you understand the benefits of signing a prenuptial agreement.

What Makes a Prenuptial Agreement Valid?

To be valid, a prenuptial agreement must be in writing and signed by both parties before the wedding. Each party must sign the prenup voluntarily and of their own free will. If a judge were to determine at a later date that a party was coerced into signing the prenup, the agreement may be deemed invalid.

In addition, both parties must disclose all of their assets, debts, and income. If one party hides or fails to disclose assets, debts, or income, the entire agreement may be found to be invalid.

The prenup must also be deemed fundamentally fair. The terms cannot be one-sided at the time the agreement is signed. This is why it is important for both parties to have their own attorneys when entering into a prenuptial agreement in Spartanburg. An independent attorney for each party should review the document to ensure it is fair.

A prenuptial agreement cannot dictate child custody, visitation, or support. A family court will need to determine these issues at the time of divorce based on the best interests of the children involved. Our attorney can help include all necessary elements in a prenup to ensure it is enforceable.

Call a Spartanburg Attorney for Help With a Prenuptial Agreement

You likely hope that your marriage will last forever. However, divorce may happen, and you should protect your assets. A prenuptial agreement details how your assets and debts will be divided in case of a divorce. A Spartanburg prenuptial agreement lawyer can answer your questions about entering into a legally binding agreement.

At Holland & Usry, we understand the legal requirements you must meet to draft a valid prenuptial agreement. If you are ready to learn more about prenups, call us today to discuss your options.