A marital agreement is a legally binding contract you enter either before marriage or during your marriage. In either case, the purpose is to describe how you will handle certain assets if the marriage ends in divorce.
In a pre-nuptial or post-nuptial agreement, you can lay out the rights of each party regarding specific property and establish or waive alimony. You can also discuss life insurance policies and how you will divide property if there is a divorce.
To be legally enforceable, marital agreements must meet specific requirements:
Having a skilled New Port Richey family lawyer assist you in drafting your marital agreement will help ensure that the courts will enforce it if necessary. In a divorce with a lot at stake, one or both spouses may spend a lot of money to invalidate the agreement.
The comprehensive knowledge of a seasoned attorney can help your marital agreement hold up in court. For help, contact Dale L. Bernstein, Chartered Law Office at (727) 862-4411.
One common reason that the court sets aside a marital agreement is if it involves duress. If one spouse threatens to end the relationship unless the other person signs a contract, there is a good case for coercion and duress. This charge can also arise if one side presents the agreement shortly before a wedding, or if both parties do not have legal representation.
To avoid these concerns, be sure that an experienced Pasco County family law attorney helps you create your contract. At Dale L. Bernstein, Chartered Law Office we have the experience you need to draft a strong marital contract. Contact us today for an appointment at (727) 862-4411.