After the dissolution of a marriage, there are many things that an individual will need to take care of. There may be shared assets that will need to be dealt with, as well as any spousal or child support if it were to apply. To successfully navigate this process, it is crucial to hire an experienced Leesburg postnuptial agreement lawyer. A seasoned family law attorney will be able to carefully construct an agreement between you and your spouse that can help to resolve any conflicting factors. Contact an attorney to begin your agreement as soon as possible.
Marital agreement is not necessarily a specific legal term, but often times is a property settlement agreement. This is an agreement that two spouses have signed which defined their respective support and property rights going into a separation or a divorce. A marital agreement must be in writing and signed by both parties.
If parties are able to settle all of their rights by way of a marital agreement, they can avoid much of the emotional and financial stress of a full litigation. On top of that, when parties settle their respective rights by way of an agreement, they are taking control of the outcome of their case and, in some circumstances, could potentially come up with resolutions that a court might not have the jurisdiction to make.
A postnuptial agreement is an agreement that is written and signed by both parties, deciding their respective rights arising from the marital relationship after the marriage has occurred. It is different from a prenuptial agreement in that it is executed after the marriage has happened, rather than before.
The benefits of this type of agreement are that the party’s respective rights to support, property, and various other things are clearly defined so that if the marriage breaks down, there is no uncertainty regarding what the terms of the divorce would look like. To the extent that issues are resolved by way of that postnuptial agreement, it reduces or eliminates the financial and emotional toll of divorce litigation. An individual should, therefore, obtain advice from a knowledgeable Leesburg postnuptial agreement attorney about what their rights are. They should also make sure to do a thorough investigation into the financial situation of the other spouse in order to make informed decisions about the terms of the agreement.
In entering into a postnuptial agreement, a person should consider the financial circumstances of each spouse. They should also consider what would happen if the marriage dissolves down the road and the parties did not have an agreement. It is also important for a person to consider what their rights would be under Virginia law after entering into such an agreement.
A Leesburg postnuptial agreement can be useful by defining the rights of a party related to estate planning, in the event of the untimely death of one of the spouses. A postnuptial agreement can also limit the rights of spouses to the estate of the other spouse. It does not necessarily take the place of a will, but it can have binding terms related to what one spouse would receive from the other spouse’s estate.
Contact a Leesburg Postnuptial Agreement Attorney
A Leesburg postnuptial agreement lawyer can help protect a spouse’s rights during a marriage by advising parties about how to acquire certain items of property. If one or the other spouse potentially has an inheritance with some other property that they want to keep separate, an attorney would be very useful in advising that person on how to do so properly and in accordance with Virginia law.
In the case where parties are separating, having a skilled postnuptial lawyer give a person advice will help them to understand what their rights and responsibilities are arising from the marriage and going into the dissolution of the marriage. Call today.