St. Louis Prenuptial & Postnuptial Agreement Attorney, Family Law
We can also help enforce an agreement if you are pursuing a divorce. Will the Court Enforce Your Postnuptial Agreement? Instead, it simply gives you peace of mind that if the marriage did end at some point, your rights and interests would be protected. Request a Consultation Today. Although most couples intend to remain together forever, unexpected issues arise that can irreparably damage their relationships. There are many reasons a couple might want to sign a postnuptial agreement.
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One or both of the parties own a business that they wish to keep separate for management or inheritance purposes. Reasons to Consider a Pre- or Postnuptial Agreement. This could make both spouses more committed to saving the relationship or at least allow for more open communication. She has continuously looked out for my best interest and the best interest of my son.
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Some of the most common reasons include significant increases in family income, new business ventures, or a reconciliation following a legal separation. Working with a Seattle prenuptial agreement attorney is the best way to ensure that your agreement will be enforceable. Separating from a spouse through divorce or death is tough on parties financially which makes certain types of marital property and partition agreements attractive to both participants. There are various mistakes that can be made, which will allow the court to set aside the prenup. Properly drafted marital settlement agreements are valid and binding contracts that take the place of a judge having to conduct a trial and make a decision. These agreements are generally referred to as prenuptial or postnuptial agreements, depending on the date of their execution. Then, write out information and details about the belongings you had before marriage, including properties you owned, belongings you purchased, inheritances, and businesses you've acquired.
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For both direct and indirect challenges to a marital agreement, an experienced family lawyer can help you understand the legal requirements and level of court-reviewed scrutiny. The exact matters that your prenuptial or postnuptial agreement will address will, of course, depend on the financial and familial circumstances surrounding your marriage. Most typically, when preparing a prenuptial agreement, each party hires a lawyer to assist them. Much like a prenuptial agreement, a Postnuptial Agreement is a legally binding contract between two spouses that determines how the affairs of the couple will be settled and their assets distributed in the event of a divorce or the death of one of the signers. This type of process helps the clients work in alignment rather than at cross purposes. As with any agreement, there are factors that may cause a marital property agreement to be an unappealing move for one party.
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Vanessa L. Prieto Law Offices, LLC has drafted well-considered prenuptial and postnuptial agreements for couples of all backgrounds and income levels. It can ensure your children from another relationship are provided for in the event of divorce or death. These assets are worth protecting. The process of creating a postnuptial agreement is a good time to deal with finances and is often more rewarding than one may think. Family law is a personal area of the law, and we strive to ensure everyone leaves our practice satisfied with their outcome, especially when it comes to drafting pre- and postnuptial agreements. In addition, you and your spouse can discuss talk what should be expected from the marriage and what circumstances would alter those expectations. Direct challenge — To challenge a marital agreement directly, one spouse must show that the agreement was reached through fraud, misrepresentation or duress. For instance, postnuptial agreements cannot be used to modify state-mandated child support obligations. Prenuptial agreements aren't only for the lavishly wealthy – they are far more common than you may think, and couples who fall into one of the following categories may want to consider getting one: - One or both spouses are bringing considerable debt into the marriage. Learn more about your options by speaking with an experienced prenuptial agreement attorney in the Orlando, FL area. Our prenup attorneys at The Stout Law Firm P. can assist with aspects of these agreements, so please contact us at 713. Some couples also find the need to use postnuptial agreements when addressing inheritances or other significant financial changes. If you were married either before or after 2010, then your state may recognize that marriage as being valid for all purposes under the law, even if one partner is of the same sex. On the other hand, if you are the party at fault, getting a postnuptial agreement may be a good first step toward rebuilding trust and saving your marriage.
My experience in divorce litigation and estate plans is an additional asset for anyone in Florida needing a prenuptial or postnuptial agreement. Our family law attorneys have been helping clients successfully draft and execute postnuptial agreements for over 15 years and understand the many creative ways spouses can use postnups to mitigate financial risk and protect their varied interests. A prenuptial agreement is an agreement that a couple makes prior to their wedding about financial and other matters.
Call us at (312) 332-2915 to discuss your situation. According to state law, premarital agreements are only enforceable if they are in writing, signed by both parties, and notarized. We understand how personal these matters can be and how essential these contracts are to the establishment of a lifelong partnership, so we never want your questions to go unanswered. If your circumstances change during your marriage and you want to amend your prenuptial agreement, you should again have a highly skilled family law attorney handling your case.