There are many benefits to entering into a marital agreement with your spouse. One of the main positives is ensuring a fair distribution of property in the event of a divorce. Every couple has unique factors to consider with a marital agreement. Fortunately, a dedicated Piscataway marital agreements lawyer can advise you of the pros and cons relevant to your specific circumstances.
When you reach out, we will discuss your legal rights and options so that you can protect your interests. Connect with our team of family law attorneys now to evaluate your options.
Benefits of a Marital Agreement
A marital agreement is a legal document between spouses resolving issues pertaining to their joint and individual property during the marriage or after divorce. Many couples use marital agreements to protect their assets. However, marital agreements can also establish rights and responsibilities for spouses in a marriage. Setting these clear boundaries and expectations help spouses avoid conflict, even in the event of a separation. Different types of marital agreements include the following:
- Premarital agreements
- Mid-marriage agreements
- Postnuptial agreements
- Property settlement agreements
One of the primary benefits of entering into a marital agreement is that couples can control the distribution of their property if they end up divorcing. In a contested divorce, couples often waste money litigating issues, and the judge ultimately decides how to divide their marital assets. In an uncontested divorce with a marital agreement already in place, couples can make this decision on their own.
In addition to dividing assets, marital agreements can determine other important issues related to divorce, such as child custody and visitation, child support, and alimony. Some couples are comfortable constructing a marital agreement on their own. However, Piscataway couples with complicated finances or assets should always discuss the implications of a marital agreement with an experienced attorney.
Enforcing a Marital Agreement
In many situations, we are told to hope for the best but prepare for the worst. Marriage should be no different. A marital agreement should accurately reflect the intention of both parties, and its terms should fairly distribute marital property in the event of a divorce. Including all terms and agreements in the marital agreement is crucial to ensure a court can enforce its terms. A knowledgeable Piscataway attorney can make the terms of a marital agreement as specific as possible to avoid conflict among spouses in the future.
Once a marital agreement is signed, it is final and binding between the parties. If either party seeks to enforce the terms of the marital agreement, they must file a motion to enforce with the court. Someone who is seeking to demonstrate their spouse violated the marital agreement must show the court how they failed to follow its terms.
Hire a Piscataway Marital Agreements Attorney to Assist You
If you are considering entering into a marital agreement with your spouse, it is important to consult with trusted legal counsel. At the Law Office of Jennifer L. Marshall, LLC, our dedicated team of professionals is here to help you understand the costs and benefits of entering into a marital agreement so that you can protect your assets and legal rights. To schedule a free consultation, contact a Piscataway marital agreements lawyer from our firm today.