Westport Marital Agreements Lawyer
With so many marriages ending in divorce, more couples are choosing to create marital agreements that will govern the division of property in the event of a divorce.
To handle this delicate matter correctly, you need experienced Westport marital agreement lawyers who know the ins and outs of the often complicated world of family law. A knowledgeable family law attorney in Westport can help you navigate this complicated legal matter.
Types of Marital Agreements
There are two basic types of marital agreements. A prenuptial agreement is a written contract created by two people that is finalized before they are married. A prenup typically lists all of the property each person owns, plus any debts. It specifies what each person’s property rights will be after the marriage dissolves.
A lesser known but also useful tool is the postnuptial agreement, which addresses the same issues but is signed after the two people are married. Postnuptial agreements have been found to be valid, as long as they abide by the same rules as prenuptial agreements.
Such agreements can be complicated. If they are not written precisely, they can be held invalid by a judge. That is why individuals should seek out a Westport marital agreements lawyer with specific experience in this area of law.
There are some common reasons for entering into a marital agreement, including:
- Providing for children from prior relationships. A prenup can ensure that the children from previous relationships inherit certain property.
- Keeping finances separate. Some kinds of property acquired during marriage automatically become part of the marital estate. A prenup can define whether an asset is the separate property of one spouse or whether the asset is part of the marital estate.
- Establishing property rights in the event of a divorce. In divorce, state law will determine how to divide certain property acquired during marriage if a prenup does not exist.
- Defining financial responsibilities during marriage. A couple can use a prenup to make financial decisions like whether to open bank accounts together.
To be sure that the agreement will be considered valid in the future, it is a good idea for each party to have separate Westport marital agreements attorneys. Courts are sometimes hesitant to enforce such an agreement unless it can be shown that both parties agreed to it without being under any kind of pressure.
Enforcing the Agreement
There are several other reasons why a prenuptial agreement might not be enforceable, including:
- One party was not given sufficient time to read the agreement and grasp all of its implications
- It was based on inaccurate or misleading information about one person’s financial status
- Essential information was omitted
Additionally, a prenuptial agreement cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce.
As with other kinds of contracts, a court can decline to enforce marital agreements if it finds them unconscionable. Certain provisions – giving up one’s right to inherit from a spouse, or to receive any spousal support at all even if there is considerable disparity in income – could be held invalid under this doctrine.
Contacting An Attorney
The legal and financial questions raised by prenuptial and postnuptial agreements are intricate. Add the emotional issues that arise in any sort of family law matter, and you have the makings of a highly complex situation.
That is why it is critical to get advice from Westport marital agreement attorneys with experience in these cases – with both the family law background and the financial expertise to provide you with the representation you deserve.