Branford Marital Agreement Lawyer
A marital agreement is a contract that two people sign prior to their marriage, which can give a party security, delineate the division of assets, and can define specific rights, such as monetary awards in the event of adultery, all of which becomes relevant if the parties divorce.
If someone has significant assets going into the marriage or is marrying someone with significant assets, a premarital agreement or prenuptial agreement is a good option to consider to best protect your assets.
With that said, marital agreements can be more complex than most people expect which is why it is important to consult with an experienced Branford marital agreement attorney to ensure your agreement is valid and enforceable. An experienced family law attorney in Branford can also assist in guiding you through the legal steps involved in filing an agreement and negotiating on your behalf.
Premarital Agreement Factors
One of the common misconceptions of a prenuptial agreement is that people who ask for a prenuptial agreement think their marriage is going to fall apart at some point in the future. This is not the case, and it is simply an insurance policy that if things do go badly, certain issues have already been resolved between the parties. Another common misconception is that they are not enforceable or not valid. There are requirements for prenuptial agreements to be valid which is another reason why hiring a marital agreement lawyer in Branford to negotiate the agreement is so important.
A common mistake that people make when completing a marital agreement is avoiding complete disclosure. Additionally, people might agree to something that is not legally enforceable, so they should be aware of the legal requirements before completing an agreement.
Requirements for Validity
In order for a premarital agreement to be valid, there has to be full and frank financial disclosure when establishing the agreement. Before a party can be held to a premarital agreement, each party is required to be advised of what the other party has. If it is determined later that assets were hidden, a premarital agreement could be invalidated. The help of an attorney is not required but suggested to ensure the rest of the validity is confirmed for the best interests of both parties.
Premarital vs. Postmarital
A postnuptial agreement occurs after a couple has married, but it operates in the same fashion as a prenuptial agreement, which is created before the marriage. Both are contracts that are enforceable under certain conditions and can secure someone’s finances, as well as lay out the terms of how assets and liabilities will be divided if a divorce arises.
The benefits of entering into a post-nuptial agreement include protecting the rights of individuals in the case of a divorce, and even making the divorce process easier. A postnuptial agreement could divide property prior to a divorce without a negative effect upon a divorce.
Like the premarital agreement, the most important factor is full and frank financial disclosure. A person that wants to enter into a postmarital agreement should contact a Branford marital agreement attorney as soon as possible to ensure they meet the legal requirements to make the contract legally binding.
If money is an issue and an individual does not want to hire two attorneys, a postnuptial agreement could be done with one attorney and a mediator, but an experienced attorney will also be able to perform those duties.
Role of a Branford Attorney
In Branford, the main requirement in signing a marital agreement is that there is full and frank financial disclosure prior to signing anything. The lawyer will play a large role in making sure that happens. A lawyer’s role overall is to make sure that it is a valid contract between both of the parties. By doing so, they are ensuring that there is not room later for either of the parties to say that the agreement is invalid.
Two people should have a Branford marital agreement lawyer review their prenuptial and postnuptial agreements prior to signing. Consulting with an experienced attorney allows you to protect yourself, so it is imperative to not sign any agreement right away without first seeking out a lawyer’s review.