Madison Marital Agreement Lawyer

A marital agreement is an agreement between two prospective or married spouses entered into either before or during their marriage. Marital agreements generally provide couples with the ability to safeguard their assets in case of separation, divorce, or death. A professional Madison marital agreement lawyer could help determine whether or not a marital agreement may be right for you and your partner’s relationship. Read on to learn more about how a skilled family attorney could offer you their assistance today. En Español.

Types of Marital Agreements in Madison

There are two distinct types of marital agreements in Madison: prenuptial and postnuptial agreements. A prenuptial agreement is a legally binding contract that is entered into by two prospective spouses prior to marriage. A postnuptial agreement, on the other hand, is not executed until the couple has already married. While both agreements are unique and cover different circumstances, Madison law requires the same type of basic contract formalities to be met for each. In addition, Madison courts require all marital agreements to be fair to both parties, voluntarily entered into, and free from any coercion or duress in order to be enforceable. Reach out to a dedicated family lawyer to learn more.

Requirements for Prenuptial Agreements

A prenuptial or premarital agreement should explicitly describe each prospective spouse’s individual assets, as well as their debts. A prenuptial agreement will typically set forth a plan for how the couple will handle their finances for the duration of the marriage. The agreement may also dictate how the couple’s property and finances will be handled in case of separation, divorce, or death. Prenuptial agreements in Madison will often address the following issues:

  • How joint savings and checking accounts will be utilized, as well as how each will be owned
  • How any potential business entities will be owned
  • How any insurance benefits, retirement benefits, or inheritance money should be distributed
  • Whether spousal support or alimony should be awarded in case of divorce in the future

While these agreements are available to any couple that is planning to marry, prospective spouses with significant assets as well as those who have been in previous marriages often utilize prenuptial agreements. In order to ensure that a prenuptial agreement is enforceable, the agreement should be executed several months before the couple’s marriage will take place. An experienced Madison marital agreement lawyer can be a valuable asset in ensuring the contract’s legitimacy.

Examples of Postnuptial Contracts

Similar to a prenuptial agreement, a postnuptial agreement must also explicitly define each spouse’s individual assets and debts. Postnuptial agreements will typically address all of the same issues as prenuptial agreements, including how the couple’s assets and income should be divided in case of separation. There are several circumstances that may prompt a couple to consider pursuing a postnuptial agreement, such as a temporary separation. Executing a postnuptial agreement may help reassure each spouse that their finances will remain secure in case the marriage is unable to work.

How a Madison Marital Agreement Lawyer Could Help

If you and your significant other are considering pursuing a prenuptial or postnuptial agreement, a qualified Madison marital agreement lawyer could help determine which type of contract best aligns with your interests. Whether you need help drafting a marital agreement or would like a proposal reviewed, a weathered Madison marital agreement lawyer could work to ensure that your agreement is fully enforceable in a Madison court. To hear more about marital agreements or to learn how a Madison marital agreement lawyer could work with you, schedule your initial consultation today.