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Thinking about signing a post-marital agreement?

Married couples often enter into legal agreements after getting married in order to prevent future financial losses and eliminate unnecessary stress in case of a divorce. Before signing one of these legally binding agreements, however, you must understand your rights and obligations. Speaking to an Anderson postnuptial agreements lawyer might provide you with the insight you need to draft a legally enforceable post-marital contract. Connect with our knowledgeable Greenville attorney to draft your postnup or have one reviewed before you sign.

Reasons to Enter a Postnup

Although a post-marital agreement might sound like a precursor to divorce, that is typically not the case. Many couples view a postnup as a way to improve communication and transparency in their marriage.

One Spouse Doesn’t Work

One reason a married couple may choose to enter a postnuptial contract is if one party leaves the workforce to care for the couple’s children. In these cases, a spouse who intends to stay home may rightfully worry about their financial security since they will not be devoting themselves to career advancement. A post-marital agreement can codify a couple’s decision to have one party stay home and effectively protect the homemaking spouse in the event of a divorce.

A Family Business is Shared

Another scenario that warrants a postnuptial agreement is when couples have a family-owned business. A postnup may provide peace of mind to the spouses and any possible business partners involved in the venture since it can prevent a future divorce from negatively impacting that company. Regardless of what reasons a couple may have to pursue a postnup, they should contact an experienced family law attorney in Greenville County to discuss their options.

What Can a Post-Marital Contract Do?

Many things can lead to the breakdown of a marriage. In cases where the parties cannot reach an agreement on how to divide their property or how to share parenting time, their divorce can become extremely costly and take a great deal of time to resolve. A post-marital contract provides an opportunity for couples to negotiate fair terms related to a potential divorce so there are no misunderstandings or conflicts between them if and when the marriage ends.

When drafting a postnuptial agreement, the couple can include divorce terms that often lead to strife at the end of a marriage, including:

  • How they will divide marital assets and marital property
  • Whether and how much one party will receive in spousal support from the other party
  • How they will treat any family-owned businesses
  • How inheritances will be safeguarded in order to protect children

To learn more about what unique terms you should include in a postnuptial legal agreement, you should speak to a postnuptial agreements lawyer in Anderson.

How to Make a Legally Binding Post-Marital Agreement

Only a legally valid postnuptial agreement is useful in court. If a couple ends up divorcing, and the court finds evidence of duress in the legality of a postnup document, the parties will then have to resort to negotiating or litigating all of the divorce terms as if they never entered such an agreement.

To ensure that the court will accept their post-marital agreement, parties must:

  • Obtain the agreement without fraud, duress, mistake, non-disclosure, or misrepresentation
  • Draft an agreement that is not unconscionable
  • Draft an agreement that stays up to date in the event of extreme changes in circumstances that would make the original document obsolete

If you’re concerned about creating a legally valid post-marital agreement, speak with an experienced Greenville postnuptial agreements attorney.

Speak to an Anderson Attorney About Postnuptial Agreements

Postnuptial agreements can serve many purposes for a married couple and they can even help strengthen a marriage during a difficult time. A post-marital contract should protect both parties’ interests, achieve fairness, and conserve marital assets and resources in the event of a divorce. If you are interested in drafting a post-marital contract to protect your family’s future, you should consult with an experienced Anderson attorney at our family law firm. Call us today to schedule an initial consultation.

Steele Family Law serves communities all throughout South Carolina, including Anderson, Greenville, and Greenville County.

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FAQ: Anderson Post-Marital Agreements

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