There are a number of binding contracts—commonly known as marital agreements—that provide spouses or those intending to marry clarity on important legal issues. Many people enter into these agreements before marrying to resolve potential issues should they eventually divorce.
Planning for the future could provide a degree of certainty for newlyweds and married couples alike. With the help of an experienced family attorney at Bardley McKnight Law, drafting these agreements can meet the needs of both parties. Let a Douglasville marital agreements lawyer help you develop a plan to bring certainty to your marriage.
There are several types of marital agreements. Some of these agreements are created before a couple is married. Other agreements are appropriate for couples that have been married for some time. An experienced Douglasville marital agreements attorney could advise on the right kind of agreement in any situation.
Arguably the most common type of marital agreement is the prenuptial agreement. A prenuptial agreement is created for an engaged couple prior to marriage. This agreement is a legally binding contract that is useful for setting expectations for married couples before their wedding.
Prenuptial agreements are legally binding contracts that determine many of the critical issues that can arise should the couple ultimately divorce. For example, these agreements could determine if certain property is considered marital property or determine if spousal support is necessary. A prenup could reduce the costly disputes that might come with a future divorce.
Postnuptial agreements are similar to prenuptial agreements in that they cover the same divorce-related issues. These agreements can address issues involving property division, spousal support, debt division, etc. Postnuptial agreements are executed after a couple has already married whereas a prenuptial agreement must be executed before a couple gets married. While it might seem counterintuitive, changing circumstances during a marriage could lead a couple to putting a marital agreement into place after getting married despite not creating one before their wedding.
Separation agreements are another form of a marital agreement. These agreements are made between married individuals that plan on pursuing a separate maintenance action. This agreement could provide an opportunity to resolve conflict without wasting significant time and money in legal battles.
There are certain roadblocks that could arise when creating a marital agreement, especially when parties attempt to draft them without legal help. A competent marital contracts lawyer in Douglasville could ensure these agreements meet the requirements under the law.
There are some aspects that a marital agreement cannot resolve. The most common example involves issues of child support or custody. Even if both parties come to an agreement on these issues, the courts have the final say on child custody. This is because of their duty to award custody on the basis of the child’s best interest.
Child support is another matter that cannot be secured by a marital agreement. If these agreements attempt to violate the amount of support required by state guidelines, they could be struck down by a judge.
Navigating marital agreements on your own can be difficult. Given their complexity and significance, it is important to seek out legal help right away.
A Douglasville marital agreements lawyer could help you secure the fair agreement you deserve. Reach out to the dedicated team of attorneys at Bardley McKnight Law today to get started.