Prenuptial & Postnuptial Agreement Attorney In Little Rock
Marriage is an exciting step that signifies a new chapter in life. To many, getting married means discussing how you and your spouse will begin to merge your two lives together. Oftentimes, this includes discussing the possibility of a marital agreement. In a recent survey from the American Academy of Matrimonial Lawyers, 63% of divorce attorneys said they have seen an increase in the number of prenuptial agreements drafted in recent years, mostly amongst millennials.
Whether you are entering into a marriage or are already married, you might be trying to figure out if a prenuptial or postnuptial agreement is worth considering. If either you or your spouse has children or assets that you want to protect, a prenuptial or a postnuptial agreement might be the right decision for you.
Scholl Law Firm, PLLC works with individuals and families across Little Rock, Arkansas on a variety of different family law matters, including prenuptial and postnuptial agreements. With over 20 years of experience, attorney Scott A. Scholl can provide you with reliable legal counsel and guidance. Call or reach out today to schedule your own case consultation.
Considering A Marital Agreement In Arkansas?
If you are looking into a prenuptial or postnuptial agreement, you may have a few questions about what they are and how they can benefit your marriage. Some of the most common questions that often come to mind include:
What Do They Cover?
Marital agreements exist for the purposes of asset protection. Having a marital agreement in place can allow you and your spouse to decide exactly how your property and assets will be handled in the event that the marriage fails. If that day ever comes, the marital agreement dictates explicitly what is marital property and what is separate, and how those assets get divided. It also can dictate each spouses’ rights and obligations after the marriage ends.
If you have children from a previous relationship, a marital agreement can ensure that those children inherit certain assets and property. A marital agreement can also ensure that, in the case of divorce, your spouse’s debt remains with them.
What Don’t They Cover?
Marital agreements do not cover issues such as child support and custody. Child support can only be decided by the courts and they will always make those decisions based on what is best for the child. Marital agreements also do not cover any personal matters, as those cannot be upheld in court. It is designed to only provide clarification on how to decide matters related to property and finances.
Can They Be Modified?
Yes, marital agreements can always be modified or nullified by the couple after it is drawn up. They can even get voided during the process of divorce if the couple can agree to terminate the original marital agreement.
Who Should Get One?
If you have children coming into a marriage, assets, or important family heirlooms or an inheritance, a prenuptial or postnuptial agreement might be right for you. Additionally, if your spouse has debt that you do not want to absorb if the marriage fails, then you can take steps to protect yourself with a marital agreement.
How To Ensure A Marital Agreement Is Enforceable
There are a few guidelines when it comes to prenuptial and postnuptial agreements to ensure that the agreement is valid and enforceable. First and foremost, all marital agreements must be written and entered into voluntarily. They have to be fair agreements that contain full disclosure. Finally, they have to be validly executed according to the laws of your state. An experienced family law attorney can help ensure that your marital agreement meets all of these standards so that it can be properly validated and finalized.
Why Marital Agreements Are Important
Marital agreements are important for a variety of different reasons. They draw clear boundaries, which can make life easier for both you and your spouse in the long run. They give you and your spouse the opportunity to have an open and honest conversation about what’s important to each of you as individuals and as a couple.
Finally, a marital agreement is important because it can protect you in the event that something changes down the road. While no one enters into marriage hoping for divorce, the reality is that so many marriages often do end in divorce, so it’s important that you have a plan in place to protect what matters most.
To discuss a premarital or postmarital agreement, call Scholl Law Firm, PLLC at 501-588-1148 or use the online form.