When you are entering into a marriage it is usually a time of bliss. It
is hard to imagine things ever going wrong. This is where many couples
can make their mistake and fail to consider the possibilities. While no
one wants to believe the may face divorce, it is a real situation for
around half of the population. It is something to at least acknowledge
and discuss with your spouse. An agreement can be made both before and
during a marriage. The main difference between a prenuptial and a postnuptial
agreement is the time at which it happens. Through these you will be able
to come to an agreement upon what will happen in certain areas of the
relationship and with certain factors in the event that the marriage comes
to an end.
Both parties will need to come to the decision together and if this cannot
be done, then the court will not allow for it. An agreement can protect
you in a number of ways. One of the main ways is through the ability to
determine what will happen with certain assets. Divorce can cause those
involved to lose a number of their belongings and through an agreement
you can have added security that what is yours, will remain yours. It
can also include what will happen in regards to a business or a personal
practice. If you have worked hard to build yours, you do not want to risk
it in any way. In some situations where a marriage ends, a spouse that
earned an education may be ordered to pay back the cost to the other spouse.
For those that expect they may see an increase in their income, it can
be wise to make sure this is guarded so that you do not lose a significant
portion of your fortune from a lack of being proactive.
For an agreement to be valid it must be done in writing. An oral form will
not be sufficient enough and there is no documented proof of it occurring.
It will also need to be signed in front of a notary public that can validate
that both parties did in fact sign it. It will need to be voluntary on
both sides and neither party can force the other spouse into signing something
they do not want to. Another benefit that many couples do not think of
until they begin exploring this route includes the communication that
can be enhanced. This topic will cause a couple to talk through many important
issues; helping them in the future with being open, aiding them to recognize
what is important to each other and recognizing what both expect. To speak
with a professional, call
our office today.