New Haven Marital Agreement Lawyer
A marital agreement is an agreement between both of the parties, either before the marriage or during the course of the marriage. It also includes the benefits associated with these types of agreements, such as the ability to protect assets and protect your soon-to-be spouse from certain debts in some circumstances, and plans for the future in the case that the marriage falls apart.
Although divorce is not typically the thought a person has when getting married, a New Haven family law attorney helps protect a person’s rights during and after a marriage. When preparing to sign a marital agreement, it is very important to consult with an attorney to make sure you are making the right decisions for yourself for the future, and, in the case of a prenuptial agreement, that you are protecting yourself in case the marriage does not pan out well.
For a valid marital agreement in New Haven to exist, there needs to be agreement by both parties, and there needs to be full financial disclosure. There are other components, but those are the two most important.
A prenuptial agreement essentially plans out how the assets of the parties could be broken down in the event of a divorce. This is what the alimony payment would be in a divorce.
It also allows the parties involved to set the parameters of what will happen with respect to their assets, property, and debt distribution upon divorce. Prior to signing, the parties involved should have an attorney make sure these different components are included.
Entering into an Agreement
When parties come into a marriage with a significant amount of assets, or if someone has been married before, they should thoroughly consider entering into a pre-nuptial agreement. Generally, the need for this agreement comes into play when there is one party that has a significant amount of assets that pre-dates the marriage or even the relationship.
A person should consider entering into a pre-nuptial agreement with a future spouse at least several months prior to the marriage.
An attorney will look at the financials of the client, as well as client’s goals. The attorney will then see if they have reasonable expectations, draft up an agreement, and get it signed before the marriage so there is a valid contract. In the long run, having a lawyer work on your pre-nuptial agreement makes the potential of a divorce much less overwhelming, and can make the actual divorce process much smoother.
A postnuptial agreement is very similar to a prenuptial agreement, but instead of being before the marriage, it is after the marriage has already taken place. Usually, post nuptial agreements are triggered by some kind of event in a marriage. This event could include a separation of parties, a temporary separation of parties, or something of the like.
Entering into an Agreement
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 post-nuptial agreement could divide property prior to a divorce without a negative effect upon a divorce.
If a person is considering entering into a post-nuptial agreement, they should definitely talk to their spouse about it first, because the last thing you want to do is surprise your spouse with it since that can ultimately sink a marriage. In this case, it is also crucial to speak to a lawyer, who will tell you to go to your financial documents. When entering into a post-nuptial agreement, a person should consider their assets and their debts.
At the first meeting with an attorney, they will go over what the client’s goals are, and take a look at the finances. By doing so, they are able to establish if the client’s expectations are reasonable. If the expectations are reasonable, then the attorney will work to draft a post-nuptial agreement, meet with the client’s spouse, exchange the relevant financial documents, and finally, get an agreement signed.
The rights that a marital agreement would provide are those that protect assets and indemnify against debts as rights that cannot be waived. For example, child support is something that cannot be waived.
Role of a New Haven Attorney
In New Haven, one of the main requirements in signing a marital agreement is that there is full and frank financial disclosure prior to signing anything. The lawyer, therefore, will play a large role in making sure that happens. A marital agreement is essentially a contract, so complete financial honesty is a must.
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 always have a New Haven marital agreement lawyer review their prenuptial and postnuptial agreement prior to signing. Consulting with an experienced attorney allows you to protect yourself, so it is imperative that you do not want to sign any agreement right away without first seeking out a lawyer’s review.