Many of the conflicts that arise during a marriage or potential divorce can be reduced or eliminated with an appropriate marital agreement. These contracts could spell out how property is divided should a couple divorce or separate. They can also include clauses about alimony.
Whether you are engaged or married, you might benefit from adopting a marital agreement. With the help of a skilled family law attorney, you could draft a document that protects your rights and sets expectations should your relationship break down in the future. A Miramar marital agreements lawyer could answer any questions you have about the advantages of these documents.
There are different types of marital agreements under state law. While some of these contracts are executed before the marriage occurs, others can be implemented during the course of a marriage. A marital agreements lawyer in the area could provide more information on how each of these contracts works.
Prenuptial—or premarital—agreements are one of the most common forms of marital contracts. Often referred to as a “prenup,” these documents are executed before a couple is ever married.
The issues commonly addressed with prenuptial agreements include asset distribution and alimony. These documents are legally binding as long as they meet the minimum requirements set out by law.
Postnuptial agreements are similar in many ways to prenups. These binding contracts could determine what each spouse will recover during property distribution or alimony cases. However, postnuptial agreements are created after a marriage has already taken place.
This type of martial agreement is common when financial circumstances change during the course of a marriage. For example, if one spouse runs up significant debt during a marriage, the other spouse might pursue a postnuptial agreement that ensures they will not be burdened with that debt upon divorce. As is the case with prenuptial agreements, postnuptial agreements must also comply with strict legal requirements before they are considered binding.
Another type of marital contract is the separation agreement. In cases where a couple has agreed to a separation but has not yet divorced, a separation agreement could set provisions for financial support until a divorce is finalized. These agreements could also cover parenting time schedules. A separation agreement can be used as a precursor to divorce. Alternatively, it could come to an end when a couple reconciles. In Florida, however, separation agreements are not recognized but may serve as a postnuptial agreement.
Like any other contract, there are enforcement options if one party breaches the terms of a marital agreement. If one spouse fails to adhere to the terms of the agreement, the other spouse could file a civil lawsuit for breach of contract. A breach of these agreements could also result in a finding of contempt during divorce proceedings.
Drafting and enforcing marital agreements requires a thorough understanding of the law. Any mistake could have dramatic repercussions on a person, their family, and their finances. A skilled attorney in Miramar could ensure a marital agreement meets all of the requirements set out by law and help enforce the contract.
Whether you are already married or have yet to walk down the aisle, a marital agreement might be in your best interest. Marital agreements provide peace of mind and a place of understanding for everyone involved.
Allow a Miramar marital agreements lawyer to help you draft a contract that protects your rights. Call us today to schedule a private consultation.
