Our South Carolina Family Lawyer Can Help You to Understand Marital Agreements.
For anyone who is considering using a marital agreement it is useful to have the advice of an experienced South Carolina family lawyer. There are several types of marital agreements available to couples that are either beginning or ending a marriage. Each is unique and has specific legal requirements to be valid and enforceable. The courts will generally find these agreements valid as long as they are equitable and were entered into freely and with knowledge of the details.
This type of agreement, also frequently called a ‘pre-nuptial’ agreement, will often detail how property will be divided between the spouses in the event of a divorce. This can include the kinds of property that will be classified as separate or marital property as well as provisions detailing or limiting spousal support. In most cases, it is best for each party to be represented by his or her own attorney to ensure that each persn’s interests are protected.
Marital Settlement Agreements
When a couple is able to resolve all issues related to their marriage without litigation, they may be able to quickly enter a marital settlement agreement. This agreement usually contains all of the decisions in the divorce surrounding division of property, alimony, child support, and child custody. It is a recommended course of action as it can save time and money and will add to the harmony of future communications. These agreements can also be reached after a couple has been involved in litigation, as a method of documenting the terms of settlement. Once the agreement is drafted, it is usually submitted for court approval and entered as part of the final divorce decree. This process makes the agreement enforceable as a court order.
This is similar to the pre-marital agreement in scope, but is crafted after a couple is married, and is used to address any property issues that may arise on divorce. It can be useful where spouses have a significant change in resources, or have had marital difficulties and want to outline their plans in case of divorce. Sometimes this can actually benefit the marriage as it takes away the uncertainty of the effect of divorce on property and support.
For all of these types of marital agreements Dell Family Law can work with you to understand your needs. The process of reaching marital agreements can encourage communication between spouses and remove some uncertainty about the prospect of divorce. Please contact us today to discuss how to use marital agreements for your specific situation.