Marital agreements can be a crucial part of any marriage, especially if a couple has children or high-value property. Both premarital and postmarital agreements can benefit and protect spouses if they separate or divorce in the future. An Agoura Hills marital agreements lawyer could help you draft a fair contract that protects your rights and assets.
People enter marital agreements for different purposes, but they often are designed to protect property rights, such as inheritance and ownership of business interests. These agreements also may address issues related to spousal support in the event of a divorce or separation. Having a family attorney to advise you of your rights and responsibilities under any agreement can be crucial to safeguarding your future.
Premarital or prenuptial agreements are contracts that individuals sign before they get married. Alternatively,postmarital agreements are contracts that individuals sign after they are already married. These agreements may include terms that address:
Marital agreements also may determine whether one spouse will pay spousal support to the other upon divorce or separation and designate the amount they may have to pay. They also may provide for inheritance rights of each spouse from the other in terms of specific assets, such as bank accounts and life insurance policy benefits. With the help of a lawyer in Agoura Hills, a spouse can draft a fair marital contract that gives them some degree of certainty about their financial situation if their marriage ends.
Getting legal advice before entering marital agreements can be vital to their enforceability. If parties do not follow specific protocols, they risk signing an agreement that a court could invalidate in the future. For instance, a marital contract may not be enforceable if:
Generally, each spouse should consult separate legal counsel and take some time to consider the agreement before signing it. These steps are some of the essential elements for ensuring that a marital contract is wholly voluntary and enforceable.
Additionally, a spouse must have the legal capacity to enter the agreement. If a spouse is incapacitated in some way, such as by mental illness or impairment, then the contract may be invalid. An attorney in Agoura Hills could help someone prepare a valid and enforceable marital agreement.
By entering a marital agreement, whether before or after marriage, you can have some certainty about your financial future. These agreements may allow you to address many of your financial concerns should you later divorce or separate from your spouse. To take advantage of this means of legal protection, contact an Agoura Hills marital agreements lawyer.
Although entering a marital contract with an intended or current spouse can be a sensitive subject, an agreement can create a level of assurance and protection for both spouses. These agreements are an acknowledgment of the fact that relationships and situations can change quickly and that parties should take steps to prepare for the unexpected.
Working with legal counsel to carry out your wishes through a marital contract can be crucial to protecting yourself and your family in the future. For help preparing your contract, schedule a consultation with one of our attorneys today.
Hoffer Family Law Firm