Marital stress can upend every part of your life, from your income to your legal obligations and even your property rights. In the event that strife results in a divorce, courts have the authority to split marital assets as they see fit, which is not always in a way that seems fair to both involved parties.
One way for you to retain some level of control over these complex issues and protect your interests in case of a divorce is to enter into a prenuptial agreement with your future spouse. These pre-marital contracts carry the force of law and can work to preserve assets, answer questions concerning alimony, and even divide financial assets and debts in the event of divorce. In addition, a prenup could set newlyweds off on the right foot before their marriage creates any legal bonds.
A Marietta prenuptial agreements lawyer can help you better understand these contracts and how they could protect your future. Working with a detail-oriented family attorney could be the best way to identify your goals and author an agreement that meets all your needs.
A simple way to imagine prenuptial agreements is to think of them as contracts. Prior to getting married, the two parties put in writing what is to be done if that marriage ends in a divorce. In the meantime, this agreement can serve as guidance for various smaller issues that may come up during their union.
Common topics addressed in pre-marital contracts include:
Courts always hesitate to interfere in an individual’s right to contract and are therefore likely to incorporate any valid prenup into a divorce decree. A local attorney can provide further clarification on the scope and affect an individual pre-marital agreement could have.
While newlyweds’ minds should be on their immediate future together, imagining what could happen in case of a divorce may be beneficial in a number of ways. While often viewed as unromantic, a prenup contract could actually contribute to a harmonious relationship free from doubt or bitterness, and the services of a dedicated Marietta lawyer could help facilitate that happy resolution.
For instance, local courts would not consider any property brought into the marriage as belonging to both parties, but a couple would be considered joint owners of anything acquired during the marriage itself. A home, a car, or anything else of value that both parties purchase together would be subject to equitable distribution.
However, a prenuptial contract could render this process moot. If the two parties enter a prenup that makes a preemptive and fair decision on how to resolve these issues, the court would likely consider the matter settled. This can serve to greatly shorten any potential divorce case, saving both parties thousands of dollars and a great deal of stress.
As a result, a pre-marital agreement could help prevent a marriage from becoming a nasty, contentious battle. When both parties are aware of the consequences of divorce and the key issues of that divorce are already settled, the chances of the marriage dissolving may decrease dramatically.
Any marriage is a serious legal matter that should never be taken lightly. Even if you and your partner are madly in love and possess little in terms of assets at the time of your marriage, circumstances may change, and serious questions may arise later on. As such, it could benefit both of you to enter into a prenup that would provide certainty and stability.
A Marietta prenuptial agreements lawyer can help identify your goals, put those goals on paper, and create a legally enforceable document that would protect your legal rights in the event of divorce. Contact our team today to discuss your options with a professional.