Thursday, July 14, 2016

Can a post-nuptial contract actually protect you?

It is no secret that a significant percentage of marriages in the country unfortunately end in divorce. Even though nobody plans for their marriage to derail, divorce lawyers in Milwaukee, WI point out that that it might be wise prepare for it rather than end up in a divorce dispute.

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In this article, we will look at what a post-nuptial marriage contract is and whether or not it will really protect one in a real life, practical situation. For the most part, a pre-nuptial agreement or pre-nup is a contract or agreement that the two spouses enter into prior to their marriage. It essentially dictates what will happen in case of divorce in terms of alimony, asset division, and so on.  

On the other hand, a post-nuptial agreement is also a contract which deals with divorce terms in case the marriage ends in a divorce. This contract is entered into after the wedding. However, divorce laws vary from one state to another and so it would be prudent to seek legal help to comprehend what exactly the law is on post nuptial agreements in your particular state.

Minimum standards to recognize a post-nuptial agreement during a divorce

In most states, there are some requirements that a post-nuptial agreement should adhere to. Obviously, the court cannot just take your word for it and so they will not entertain any verbal only agreements during the divorce proceedings. According to divorce attorneys in Wisconsin, a post nuptial agreement should be as follows:
  • A post nuptial agreement should be in written form and signed by both spouses.
  • The agreement must be mutual and voluntary and one spouse should not have deceived, manipulated, forced, or black mailed the other spouse into signing it.
  • A post nuptial agreement should be reasonably fair and not heavily favor any one spouse. The judge will use his or her best judgment and discretion to determine what “fair” is in the specific divorce case.
  • The agreement should disclose the true financial status of both spouses in terms of assets, debts, and property. Nothing should be omitted or hidden from the family court during a divorce.
  • The agreement ought to specify which spouse is keeps certain property, pays alimony, and is responsible for marital debts, for the purpose of clarity, say fantastic divorce lawyers in Milwaukee, WI. 
It is important to note that post-nuptial agreements cannot cover child custody and support. Neither can it encourage divorce.

In Dawn of Justice, Bruce Wayne had a visible home but he also had a research and development lab, living quarters, workout facility, and so on all underneath a lake. If he was married (in this movie they did not say so – it appears he was not married) would that spouse ever find out about that underground bat cave? Probably not! Batman or Bruce Wayne would know that is pivotal for Batman to be able to defend Gotham and Batman needs a workout space and personal central headquarters. His legal counsel would probably know that too! That would not be in any post-nuptial agreement. 

Now this is extreme. Most people are never going to marry a superhero with a hidden life. So your post nuptial agreement should be much easier to deal with and contemplate.

One thing is for certain, you need legal help

If you want to enter a post nuptial agreement and need help in doing the same, then you will be best served by a diligent divorce lawyer in Wisconsin. On the other hand, if you believe that divorce is imminent, a legal professional in family law will be able to guide you through the legal path of least resistance and make the process as painless as possible.

Bruce Wayne is a noble character, this website Divorce.USAttorneys.com exemplifies goodness like Bruce Wayne. This website has saved lives, real lives. Use this website to fine any legal help that you may need.

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