Unlike prenuptial or pre-marital agreements, postnuptial or post-marital agreements are contracts that parties enter after they already are married. As divorce rates continue to increase in America, more and more couples realize the need for these agreements, even after their wedding. A Chattanooga post-marital agreements lawyer could advise you of your options and help you create the agreement that is right for you and your spouse.
Although most people do not intend to get divorced, circumstances change over time, and people who never thought they would get divorced often do. When this situation occurs, having a valid and enforceable post-marital agreement in place could bring certainty and protection to your future. An experienced family attorney could be instrumental in drafting these agreements for individuals, regardless of the issues involved in their situation.
Post-marital agreements address the same topics as prenuptial agreements, including property ownership, responsibilities for debts, and spousal support awards. State law provides for three main types of post-marital agreements in Chattanooga:
Individuals who choose to enter post-marital agreements are not always assuming or fearing that they are going to get divorced at a point in the future. Instead, there are many valid reasons why people might consider post-marital agreements, such as the following:
These reasons are not the only reasons why people may choose to sign post-marital agreements. By exploring the various options that may be available, individuals may be able to decide whether they need a post-marital agreement.
A post-marital agreement is a legally binding contract. For contracts to be enforceable, state law requires that there be adequate consideration in exchange for signing a post-marital agreement. In pre-marital agreements, the consideration is the promise of marriage.
Since the parties already are married at the time that they enter a post-marital agreement, marriage cannot constitute consideration for the contract. Consideration is the give and take portion of the contract, or incentive for individuals to sign the contract. As a result, if an agreement is extremely one-sided and does not benefit one spouse in any way, the court may question whether there was enough consideration for the contract to be enforceable.
Furthermore, as with pre-marital agreements, individuals must enter post-marital negotiations freely, willingly, and with full disclosure of all facts relevant to the agreement. Individuals also must be free from duress or undue influence when deciding to sign a post-marital agreement. A post-marital agreements attorney in Chattanooga may be able to ensure the enforceability of these agreements.
If issues have arisen that make you think a post-marital agreement might be useful, you should contact a Chattanooga post-marital agreements lawyer for advice. By getting the legal help that you need in your situation, you could consider the full range of options that may be available to you.
Post-marital agreements can be an effective way to address various concerns and enact protections for you and your children in the event of a divorce. Legal counsel could help you determine the best course of action when considering post-marital agreements.
By: Tim T.
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