Premarital & Post-marital Agreements
Most people have heard of a prenuptial agreement or “prenup” from popular media. The storyline usually involves engaged couples becoming upset at one another over the issue of one party suggesting that they enter into a prenuptial agreement. Although prenuptial or premarital agreements are usually viewed with scrutiny under the public eye, they do actually serve a very useful purpose in many settings, and are probably more common than most believe. Often marital contracts such as premarital or post-marital contracts are viewed as abstract devices, however when marriage is viewed as a contract between two individuals, then a pre or post-marital agreement is simply an amendment to the normal marital contract.
Reasons for Marital Agreements
There are two main types of marital agreements a prenuptial/premarital agreement or a post-nuptial/post-marital. The only difference between the two agreements is the point in time when they are executed, a premarital agreement of course being before marriage and a post-marital agreement coming afterwards. The most common scenario when a marital agreement is beneficial is when couples are getting married later in life, either for the first time or for subsequent marriages. In these cases the parties most likely have more assets and may even have children that they eventually want to leave their assets to. By entering into a marital agreement the parties can dictate how their assets will be handled upon, death, separation, or divorce. Furthermore, parties can dictate how divorce proceedings will be handled if they take place as well as stipulating that alimony will not be awarded.
Family Law Attorney | Southern Utah
Although marital agreements may not be the most romantic thing engaged couples can do they may at times be the smartest. If you are considering a pre or post-marital agreement then contact the lawyers at St George Divorce Attorney. We can help you understand the process and help clear up the misconceptions so you can make an educated decision. Call or email us today to set up a free consultation.