Yakima Postnuptial Agreement Lawyer
Washington is known as a community property state, which means property held within a marriage or domestic partnership is held communally by both spouses. This can lead to some confusion and stress if a division of assets becomes necessary.
If you or a loved one would like to set your own terms on the division of property, finances, and assets within your marriage or registered domestic partnership, it may be in your best interest to contact a Yakima postnuptial agreement lawyer. A Yakima family lawyer can guide you through the process of protecting your future. En Español.
Purpose of a Postnuptial Agreement
Many people are familiar with prenuptial agreements, which are contracts or agreements decided upon by a couple prior to marriage. Postnuptial agreements cover the same items as prenuptial agreements but are devised and signed after a couple has already exchanged marital vows.
Postnuptial agreements can help couples make decisions on important issues like the inheritance of children from a spouse’s previous marriage, the division of assets both within the marriage and in the event of a divorce, and alimony or spousal support in the event of a divorce.
Agreements can also be useful in clarifying legal matters if a spouse receives a significant monetary gift or inheritance. When written with care and under the proper legal guidance of a Yakima attorney, postnuptial agreements are often a path toward a more peaceful and stress-free marriage.
Child Custody and Visitation Rights
In the state of Washington, a postnuptial agreement cannot cover issues related to child support in the event of a divorce. Other important issues like a Parenting Plans or Residential Schedule must be validated by a Court as being in the best interests of the children before it can become effective.
What Can Happen Without a Postnuptial Agreement?
If a couple does not have a marital agreement, assets will be divided by the court according to the community property rule. This means that the court will seek to divide property in a fair and equitable way—but that may not necessarily be the way in which either spouse would prefer to divide their property. A postnuptial agreement can be imperative for couples who wish to have a definitive say in how they divide marital assets in the event of a divorce.
Enforcing a Postnuptial Agreement
Courts in Yakima look for two things when deciding whether or not to enforce an existing marital agreement. First, the division of property stipulated by the agreement must be fair and reasonable in the eyes of the court, even if that division is not necessarily an even 50-50 split.
Secondly, the agreement must exhibit procedural fairness, meaning each spouse signed the agreement willfully and with full knowledge of their actions. This usually means each spouse has their own attorney to advise them regarding their rights and obligations.
How a Yakima Postnuptial Agreements Attorney Can Help
Because of the various criteria involved, it is important for couples to seek the help of a Yakima postnuptial agreement lawyer when penning their marital agreements. With the assistance of an experienced attorney, couples can write agreements that stand up to the courts’ scrutiny and reflect the couples’ sincere wishes.
If you and your spouse are considering or actively pursuing a postnuptial agreement—perhaps after receiving a significant inheritance or gift—it may be in your best interest to contact a postnuptial agreement attorney in Yakima today.