A postnuptial can address division of property assets, child custody support payments, and other related issues. These documents typically establish the rights and obligations of each party in a marriage dissolution.
Because a postnuptial agreement is a binding contract, it is crucial to have it reviewed by a skilled attorney prior to signing. The role of a Hamilton County postnuptial agreements lawyer is to ensure the contract is fair and will be accepted as valid by a judge.
One of the main roles of a postnuptial agreements attorney is to negotiate terms with the opposing side and their legal counsel. A lawyer can represent a party and fight for their best interests throughout this process.
Once drafted, an experienced attorney should review the postnuptial with their client and get all the facts of the case. A lawyer’s job here is to explain the pros and cons of using a postnuptial agreement versus litigating the case in court. With help from an attorney, a person can better understand their chances of getting a fair allotment of assets through either option. This is especially true if there is a large wage disparity between the divorcing partners. Skilled legal counsel can ensure that a party’s rights are protected.
A lawyer experienced in handling postnuptial agreements can also help ensure that the parties are entering into the contract without any fraud, coercion, or duress. Both parties should enter the agreement knowingly and understand all its terms to ensure the contract will not be found invalid down the road.
Having legal counsel can also be crucial in ensuring that the other party complies with the postnuptial agreement terms. If the opposing party does not follow the contract, a lawyer can litigate the case and represent their client in Hamilton County court to ensure that the judge enforces the postnuptial agreement.
A person going through a divorce should disclose all their assets to their attorney, including all bank accounts and property. This ensures that the lawyer is covering everything in the postnuptial agreement. A dedicated local attorney will work with the client to determine their own assets, ensure that the other party is representing their assets correctly, and draft a postnuptial agreement that divides those assets fairly.
If disputes arise during or after the drafting of a postnuptial agreement, an attorney can work to negotiate and settle the issue. This may involve interpreting the contract and ensuring that the other party is following its terms. A lawyer may be able to clear up any confusion about the agreement, as well as advise a person on settling the dispute in or out of court.
If you are considering a postnuptial agreement, or if you are dealing with issues arising from these types of contracts, it is best to seek legal advice. A well-practiced attorney at our firm can explain the role of a Hamilton County postnuptial agreements lawyer and provide guidance on your particular situation. Reach out today to set up an initial consultation.