Things To Know About Post Marital Agreements

By Enid Hinton


People getting into marriage make accords to protect their interests before they are formally married. If you fail to make a contract with your spouse before the wedding day, you still have a chance of making one later. Post marital agreements are made by people after they are married. These accords are made with the aim of adjusting the rights and obligations of those concerned with regard to their union. It is a way of resolving problems that might shatter the union if not tackled.

One instance where the contract is applicable is where one spouse wants to go into business with other people. The business partners may require a contract restricting the spouse not to lay any claim on the business in the event of a death or separation. This is necessary to ensure the business of the partnership continues smoothly. Such arrangements are found in family businesses in Katy TX.

Before the accord is prepared, it is important for one to be aware of what they expect at the end of the process. Being sure of where you will be living in the near future is very important. This is because the laws pertaining to these cases vary from one state to another. Your case may be thrown into confusion if there is a clash of applicable laws.

When a person who owns some property remarries, there may be need for a post marital agreement if no prenuptial accord is in place. The contract helps ensure the assets of one spouse are not shared by the other in case of a divorce. This is very useful because some people may get married with a view of instigating divorce soon after.

Each of the spouses must have their own lawyers. The selected attorney should be well known to you. The attorney should focus on securing your interests exclusively. Some people make the mistake of using the same attorney as their spouses. It is not possible for one lawyer to be impartial in such a case.

There are a number of factors that have to be in place for the accord to be enforceable. First of all none of the parties should be coerced into the contract. Each of the parties must have an attorney who will help in reviewing the contract. The couple is also expected to make full disclosure of their financial position. None of the parties should have ideas of improving the outcomes of an envisaged divorce.

Some people have various agreements they need to be executed. You need to have very few executable accords. In the best case scenario, there should be only one. Decide on the person to keep the contract. A spouse may decide to have more than one contracts executed. In such a case, the spouse who wants that should give reasons for it.

Some people can make use of these agreements to pursue their own selfish motives. Spouses may coerce their partners to sign a contract when they feel their marriages are coming to an end. The court will not enforce any contract that was obtained through coercion. It is advisable for each spouse to have independent lawyers to negotiate for their best interests.




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