Things To Know About Post Marital Agreements

By Enid Hinton


People getting into marriage make accords to protect their interests before they are formally married. If you fail to make a contract with your spouse before the wedding day, you still have a chance of making one later. Post marital agreements are made by people after they are married. These accords are made with the aim of adjusting the rights and obligations of those concerned with regard to their union. It is a way of resolving problems that might shatter the union if not tackled.

One instance where the contract is applicable is where one spouse wants to go into business with other people. The business partners may require a contract restricting the spouse not to lay any claim on the business in the event of a death or separation. This is necessary to ensure the business of the partnership continues smoothly. Such arrangements are found in family businesses in Katy TX.

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.

Determine the intention of the contract. Your intention to alter the character of your property should be clearly stated in the accord. The purpose and intention should be in simple terms for the spouse to understand. It is important for the two of you to be in agreement regarding the contract. This will make its easy for the courts to enforce the contract.

Statutory law is being developed to allow the development and enforcement of post-nuptial accords. Prevailing laws vary from state to another. It is therefore very important for the married pair to be aware of the laws applied in their state before entering into any agreement.

these accords are enforceable by the courts. However, they are thoroughly scrutinized. Therefore, it is important to have the contract negotiated in good faith. Until recent years, post nuptials have not been enforceable in a court of law as they were seen as being an encouragement for divorce. They were also seen as being contrary to the marriage which was deemed as one person. More states have started to enforce these agreements.

Some people have various agreements they need to be executed. You need to have very few executable accords. In the best case scenario, there should be only one. Decide on the person to keep the contract. A spouse may decide to have more than one contracts executed. In such a case, the spouse who wants that should give reasons for it.

Some people can make use of these agreements to pursue their own selfish motives. Spouses may coerce their partners to sign a contract when they feel their marriages are coming to an end. The court will not enforce any contract that was obtained through coercion. It is advisable for each spouse to have independent lawyers to negotiate for their best interests.




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