Experienced Postnuptial Agreements Attorney In Charleston
A postnuptial agreement is an agreement between married spouses that specifically dictates how property and liabilities will be divided in the event of a divorce or separation. Our family law attorneys at Lyne Ranson Law Offices, PLLC, in Charleston, West Virginia, can help clients establish a fair, written postnuptial agreement that helps you feel more in control of your marriage.
Understanding The Differences Between A Postnuptial And Prenuptial Agreement
While these documents have a similar legal purpose in family law, there’s a fundamental differentiator: you execute these agreements at different times in your relationship. That’s why the nomenclature is “pre” and “post.” This, in fact, makes postnuptial agreements more vulnerable in court since married people have already undertaken fiduciary responsibilities to one another. That means you must have a strong, legally valid postnuptial contract prepared by a well-qualified attorney to ensure state laws are satisfied.
Common Reasons Couples Create A Postnuptial Agreement
Couples draft these types of contracts due to countless pragmatic and sentimental motivations. A postnuptial agreement is as much an asset protection device as it is a marriage builder by virtue of reducing financial ambiguity. The following are some of the common reasons couples enter into a postnuptial agreement:
- Significant changes in wealth: Receiving a large inheritance or experiencing a sudden, drastic increase in income often prompts couples to establish clear rules for their new financial reality.
- Starting a new business: If one spouse opens a company, a postnuptial agreement can protect those business interests and ensure the organization’s continuity if the marriage eventually ends.
- Managing financial conflicts: When a couple often battles over spending patterns, significant debt or the overall management of money, a formal contract can provide financial constraints and help rebuild trust between them.
- Protecting children from previous marriages: Blended families often use these agreements to guarantee that specific assets are preserved for children from prior relationships.
When couples solve these issues together, they remove latent pressure on the relationship and build a more dependable and firmer future.
What Can Be Addressed In Your Agreement?
A well-drafted postnuptial contract can cover numerous financial aspects of your marriage, providing clear guidelines for both parties. Our attorneys can help you address:
- Property division: Clearly defining what constitutes separate property versus marital property, which is especially important for high-asset couples with complex investments.
- Debts: Deciding who is legally responsible for credit card balances, student loans or mortgages acquired during the marriage.
- Spousal support: Establishing the amount and duration of alimony, or waiving the right to it altogether, should a divorce occur.
Having these terms legally established protects both spouses from the intense stress of a prolonged financial battle later on. Furthermore, full financial disclosure from both spouses is critical when addressing these areas; hiding assets or debts can result in a document that is not legally enforceable.
Contact Our Charleston Family Law Attorney Today
Our lawyers can also help you if you are thinking about writing your postnuptial agreement. We pride ourselves on serving as clear, professional and accessible legal advocates for clients in challenging, high-asset family law cases. Reach out to us at 304-932-0591 or contact us online to schedule a consultation today with one of our attorneys.