Walla Walla Marital Agreements Lawyer
A marital agreement is a legally binding contract specifically designed to help a couple avoid future disputes regarding property, assets, and debts. In recent years, these agreements have become much more common. Many couples that are either married or planning to marry utilize marital agreements to protect their possessions and finances in the event their marriage comes to an end. A Walla Walla marital agreements lawyer may be able to assist you in drafting a marital agreement designed to effectively protect the interests of both you and your significant other. Contact a compassionate family attorney that could advocate for you.
Types of Marital Agreements
There are two distinct types of marital agreements available in Walla Walla, Washington.
The first type of marital agreement, known as a prenuptial agreement, is a legal contract created between prospective spouses and finalized before the marriage takes place. This agreement will typically separate each prospective spouse’s property and debts, and may also determine what each future spouse’s property rights will be in case of separation, divorce, or death.
The second and somewhat lesser-known type of marital agreement in Walla Walla is referred to as a postnuptial agreement. A postnuptial agreement will typically address each of the same issues that a prenuptial agreement addresses, with the sole difference between the two being the timeframe of the agreement. A prenuptial agreement must be executed before a couple officially marries, while a postnuptial agreement is executed after the marriage begins. A Walla Walla marital agreements lawyer could answer any questions you may have about the subject.
Issues Marital Agreements May Address
Depending on the couple, a marital agreement can address several different issues. The most popular issues that marital agreements address typically include:
- How a couple’s property and assets will be divided—including investments, stock ownership, bank accounts, and real property
- How the couple’s existing debts will be divided
- Whether or not spousal support payments will be made in case of divorce
Marital agreements are often recommended to couples that own their own business or suffer from debt or tax issues. These agreements are also recommended to those who decide to remarry later in life and have children or assets from a prior marriage.
Enforcing a Marital Agreement
For a marital agreement to be enforced, the agreement must be valid. Prenuptial and premarital agreements are typically deemed valid so long as the agreements are signed by both spouses and the signatures are witnessed by a third party.
It is important that both spouses enter into the agreement voluntarily, as a marital agreement may not be the product of coercion. If any spouse is found to have signed a prenuptial or postnuptial agreement under threats or duress, that spouse will not be bound by the agreement’s terms. Instead, a local judge will likely declare the agreement void and unenforceable. Additionally, if a judge finds the agreement to be grossly unfair to one party, the court may refuse to enforce it.
How a Walla Walla Marital Agreements Attorney Can Help
Aside from protecting a variety of interests, a marital agreement may also prevent unwanted and unnecessary stress that often follows disputes over marital property. A Walla Walla marital agreement attorney could help ensure that your individual interests are protected and your ultimate goals are accomplished.
Call today to speak with an experienced Walla Walla marital agreements lawyer who can answer any further questions or concerns you have.