Cheshire Postnuptial Agreement Lawyer
Like a prenuptial agreement, a postnuptial agreement creates stipulations on how finances will be handled in the event of a divorce. The only difference is in the timing: a prenuptial agreement occurs prior to a marriage, and a postnuptial agreement occurs after a couple is already married.
A Cheshire postnuptial agreement lawyer can help you decide what kind of agreement would benefit you and be legally upheld. In the event of a divorce, a postnuptial agreement attorney can also help you navigate the terms to which you and your former partner previously agreed.
Benefits of a Postnuptial Agreement
There are a few common reasons why a couple may find it beneficial to enter into a postnuptial agreement.
Sometimes, a couple may be undergoing a temporary separation while they decide if they want to remain married. If a couple does decide to move forward with their relationship, it can provide added comfort if there is a legal document that helps resolve some of the issues they were having.
This is especially helpful if one person had drastic financial changes during the separation, or if there were financial disputes in the marriage.
In other cases, a new business investment may require that a spouse clearly separate their business assets from potential marital assets that could be divided in a divorce.
Drawbacks of a Postnuptial Agreement
There is no legal regulation that prevents married couples from creating a contract between themselves. However, when a couple enters into an agreement, the court will generally analyze it with stricter scrutiny than other types of agreements.
Usually, this increased scrutiny is meant to ensure both partners are on equal legal footing when creating a postnuptial agreement. Sometimes a person may not feel comfortable negotiating with their spouse, or may just want to resolve their issues as quickly as possible and move on with their life. In such a scenario, one side may be grossly underrepresented in the agreement.
Cheshire Laws Regarding Postnuptial Agreements
When overseeing a postnuptial agreement, the court generally focuses on two major components of the contract.
First, the court examines whether the postnuptial agreement would be equal and fair to both parties. A judge may consider the age of the parties at the time they signed the agreement, their level of education and/or employment, if either person has been married before, and if each spouse had a lawyer representing them.
Second, the court determines whether it would be unconscionable to enforce the postnuptial agreement at the specific time of analysis. Factors in this decision may include each partner’s current financial situation, whether either party started or gave up a career during the marriage, and the impact the agreement might have on finances, living capacity, and/or children.
Talk to a Cheshire Postnuptial Agreement Attorney Today
A skilled divorce law attorney can provide you valuable information regarding postnuptial agreements and how a court will interpret it, and afterwards help you draft a postnuptial agreement that has all the clauses and coverage you and your partner want.
Get in touch with a Cheshire postnuptial agreement lawyer today, and get on the right track towards financial and family security.