At Greenville Family Law, we understand the role that a post-uptial agreement can play. Although no one gets married because they think they could get divorced, entering into a post-up planning is smart planning. But any conjugal arrangement, whether pre-marital or post-marriage, must be done correctly. We can help. Call us today to advise us with our dedicated and experienced team. An unfair agreement with respect to a party cannot be enforced. Marital agreements, such as. B Marriages and post-marriages generally deal with matters relating to marital property. In Greenville, South Carolina, with a few exceptions, all real estate acquired by both parties during marriage is considered “marital.” Marital property is distributed equitably in the event of a subsequent divorce of the spouse. The main function of the post-uptial agreement is therefore to exclude certain characteristics and assets from a fair distribution.
According to the American Bar Association, there are several things you should do before developing a marriage agreement: in addition to “pre-nups,” there are also “post-nups.” Agreements between married persons after marriage (but no incidents of divorce or separation) are often the product of a party that tries to protect property or funds earned that are not an incident for marriage. Post-marriage agreements generally apply to pre-marriage agreements according to the above standards of validity. It`s got to be written down. It must be signed and must be notarized. It has to be fair and reasonable. Both spouses must have fully disclosed the assets. Both parties agree with the terms of the post-uptial agreement. For the most part, the state of South Carolina authorizes a pre-marriage agreement to address all issues that are not expressly prohibited by law or that are illegal. Indeed, the South Carolina Uniform Act says that the issues that can be addressed in a marital agreement are “personal rights and duties, not against public order or the law…?contains. The lawyer can guide you when creating the content of the pre- or post-imitating agreement. Financial issues are a cause of conflict in many American homes.
However, setting your financial expectations as a couple and rationalizing it can prevent many problems in the future. A prior and comprehensive agreement can address many contentious issues that may arise during the marriage or after its dissolution. Many couples oppose marital agreements with the idea that a conjugal agreement is synonymous with the beginning of marriage with doubts about the outcome. However, this is not necessarily the case, and those entering a year of marriage realistically and practically plan an unknown future, protecting themselves and their spouses in case something happens, from separation to death. These agreements can also be used to protect family businesses or large estates or to protect a child from another marriage. A marital agreement can also alleviate stress, insecurity and conflict related to what will happen if a divorce takes place in the future. Divorce couples often waste time, energy and money fighting for a divorce plan; With a marital agreement, these issues are addressed from the beginning and there are few disagreements. If you or someone you love is considering either a marriage agreement or a post-uptial agreement, contact our experienced family law lawyer in South Carolina.