Marital agreements—prenuptial or postnuptial—are common ways to protect both parties in their marriage commitments. These contracts can shield their assets, honor their wishes pertaining to wills or insurance policies, and ensure the well-being of children from previous relationships. As long as the terms do not violate the law, there are a plethora of items that can be included.
If you are considering entering into a marital agreement, you should consult with our accomplished team of family law attorneys. The process of solidifying the terms of your marriage can be emotional and highly personal. A seasoned Erlanger marital agreements lawyer at Busald Funk Zevely could help you feel confident and prepared for your future.
Prenuptial vs. Postnuptial Agreements
Prenuptial and postnuptial agreements offer a sense of security and understanding for couples. They can help address potential areas of conflict down the line.
Prenuptial Agreements
A prenuptial agreement is a contract made between partners prior to getting married. It can include various terms, such as:
- Spousal support
- Premarital assets
- Assets acquired during the marriage
- Property division in the event of divorce
The signed agreement goes into effect once the couple is married. By creating a prenup, couples can discuss expectations and resolve any disagreements beforehand, allowing you to avoid disputes down the road.
Postnuptial Agreements
A postnuptial agreement is written after a couple is married. It can include many of the same issues as prenuptial agreements and also address matters regarding children born or adopted during the marriage, like custody and child support. This contract goes into effect once both parties have signed.
An experienced Erlanger marital contracts lawyer could ensure that prenups and postnups are fair and balanced and protect your assets and legal interests.
Ensuring Your Agreements Are Enforceable
Although it is not a requirement to have a lawyer draft prenups or postnups, getting a legal professional’s assistance is highly recommended because certain details can affect the enforceability of your arrangement. For example, under Kentucky Commonwealth law, prenuptial agreements must be put in writing and signed by both parties to be enforceable. Neither party is allowed to sign under duress or be forced to sign. Spouses cannot lie about their financial status; they must be transparent about their debt and assets.
While marital agreements can cover a wide variety of subjects, they cannot predetermine shared child-related issues, like child support payments or custody arrangements. To ensure that your contracts are legally enforceable, it is best to enlist the aid of a knowledgeable Erlanger marital agreements attorney.
Reach Out to a Marital Agreements Attorney in Erlanger Today
Enlisting the aid of a well-practiced Erlanger marital agreements lawyer is one of the most important decisions you will make. Even if you are in your honeymoon period, it is incredibly wise to put prenups and postnups in place. The attorneys at our firm have decades of experience negotiating marital contracts and arrangements. Call today to discuss your options.
