Monday 12 January 2015

Useful Tips For Post Marital Agreements

By Enid Hinton


People who are envisaging marriage make accords aimed at securing their interests in the union. Those who are already married can still make contracts to help them deal with problems in their relationship. Contracts that are made after the wedding date are called post-nuptial or post marital agreements. Although these accords are not very common, many people make use of them. There are different circumstances that lead spouses to sign such accords. The main aim of such agreements is to reduce chances of conflicts.

There are very few case laws in Katy TX regarding post-nuptial accords. However, people who want to make such contracts need to be careful so as to get the results they expect. The following tips can help you avoid common mistakes people make when preparing the agreements. If your accord is not prepared in the right way, it may not be enforceable in a court of law.

Sometimes, spouses combine their personal property to buy joint assets. In such a case, an agreement may be necessary to ensure each party is entitled to the same benefits from the common asset as they would get from their individual property. This is very important to eliminate conflicts between spouses. Property cases take a lot of time to settle.

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.

Care should be exercised when negotiating accords after the wedding than premarital agreements. This is because married couples already have legal rights. Some of these rights may be forfeited when making the accord. This is not the case with a contract made before the wedding. A lot of compromise is involved in contracts of this nature to ensure fairness to both parties.

Post nuptial contracts are very sensitive and therefore need to be handled with care. Your marriage can be ruined, by small differences that can be handled in a post nuptial accord. The couple should seek the help of their lawyers when creating the contract. This is important to ensure it is fair to all those involved.




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