You may be wondering what happens if you are already married and have not signed a pre-marriage agreement, but you are still interested in protecting yourself. Well, it may still be possible to protect your assets. If a couple agrees, they can enter into a post-marriage agreement. Post-marriage contracts are very similar to pre-marriage contracts and are generally formalized according to the same requirements, with one exception, they take place after people are already married. Marital and post-married arrangements are important for all couples, not just couples with significant assets. You have worked hard for your financial independence and a divorce can reduce your savings, your pension fund or the inheritance you wanted to leave for your children. A pre-marital contract preserves your individual rights to the property you owned before you got married. A post-uptial contract protects your property rights that would otherwise have been subject to separation during a divorce. Happy couples who decide to get married rarely think about what will happen if my fiancé and I get divorced.
Often, people bring a fortune, like a house or 401k, into a marriage, and they want to protect and keep that fortune as a separate property. If this is a consideration, they should consider a marital agreement. The most difficult part of creating a post-nuptial arrangement can actually take the time to sit down and write. Let our lawyers from the Rhode Island family of TJC ESQ be your legal counsel and legal advisors and you will find that there is nothing to fear, nothing to emphasize. If you wish, we can discuss the matter with you and your spouse during a first free consultation. We will focus on calming your mind and clarifying your concerns as quickly as possible. Most people have heard of a pre-marriage agreement, but don`t know exactly what it is. In fact, a pre-marital agreement is a pre-marriage contract between two parties that establishes concretely how certain assets are treated during the marriage and after thehappy dissolution of the marriage. As a general rule, the courts maintain the validity of a duly developed agreement. In general, the agreement will be all the stronger thanks to the use of legal advisers, a full exchange of information and sufficient time for pre-enforcement verification. I hope that a marital agreement or a post-ascending agreement will never be consulted after the breakdown of the marriage. But if this time ever happens, the agreement must be legally applicable.
The contract identifies all the assets that each party brings to the marriage. Some or all of a person`s assets can be identified as separate property. In general, the characterization of the patrimony continues during the marriage and dissolution of the marriage. The marriage agreement may also contain a description of how these assets are treated during the marriage. If z.B. a party owns a rental unit, pre-marriage can describe who is entitled to rental income and how that income should be labelled. Even in the case of a contract, you must take decisive action to protect your separate property. If you receive your individual and matrimonial assets, you can submit your property to the right of divorce. For example, if you deposit your paycheck — the marriage check — it`s marital property — deposit regularly into your individual pre-marital bank account, your spouse can claim a valid right to your desinsed property. Similarly, your spouse may show interest in your business if you use your marital property to establish your thriving pre-marriage activity, if such an action has not been expressly excluded in your marriage contract. Our team explains this complex concept so that you can keep your property separate and protect your individual interests.
You can find more information in our family law faQs and on your personal advice on marriage contracts.