Marital agreements can happen before, during, or at the end of a marriage. Options and requirements are similar for prenuptial, postnuptial, and separation agreements. All of these documents allow a couple to separate their finances based on their preferences instead of the state’s default. A Gastonia marital agreements lawyer can help you and your partner write an agreement that works for you. To keep things fair and prevent enforceability concerns, each spouse should have their own lawyer.
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The term marital agreement can refer to a few different things. It can cover prenuptial and postnuptial agreements, as well as separation agreements. Pre and post-nuptial agreements are very similar. Both types of agreements specify how assets will be divided in case of a divorce and whether the higher-earning spouse will need to pay spousal support or not. For example, if one spouse owns a business, the agreement could specify that the other spouse will not get any part of the business in a divorce. These agreements need to be signed by both parties voluntarily, and both parties need to disclose all of their assets and debts. Pre and post-nuptial agreements cannot limit child support or make child custody arrangements.
Couples create separation agreements, also known as marital agreements when they separate or begin the separation process. These preliminary divorce agreements outline how they will divide property and whether one party will pay alimony. Unlike prenuptial and postnuptial agreements, separation agreements may also include child custody schedules. However, the court may impose a different custody arrangement during the final divorce proceedings, and it does not treat the custody plan in the agreement as legally binding.
If you’re navigating a separation or need help drafting a fair agreement, a Gastonia marital agreements attorney could provide the guidance you need.
Couples can usually draft their own marital agreement and ask a notary to certify it, but hiring a lawyer offers stronger protection. When an attorney prepares the agreement, they clarify the terms and structure it to hold up in court. Ideally, each person should retain separate legal counsel to protect their individual interests, even when both spouses agree on how to divide assets. Dividing certain property, such as real estate or volatile investments, often presents challenges. A marital agreements lawyer in Gastonia could write terms that reflect the couple’s intentions with precision. If disputes arise over asset allocation or other terms, attorneys can propose workable compromises. Lawyer-led negotiations help couples avoid escalating disagreements. This support proves especially useful during separation when emotions often run high, but it can also strengthen communication in amicable relationships.
Whether preparing for marriage or considering divorce, signing a marital agreement protects individual finances and reduces the potential for future conflict. A Gastonia marital agreements lawyer could guide you through drafting, negotiating, and finalizing a customized agreement that reflects your priorities. This proactive approach clarifies how a separation would affect your finances, providing peace of mind—especially when divorce is a possibility. Schedule a consultation with the Law Offices of Regina M. Taylor today.
