Whether you are entering a new spousal relationship, or have separated from your partner, it is always a good idea to consult an experienced family law attorney to help you understand your legal rights.
Pre-Nuptial or Marriage Agreements
Couples can enter into a marriage agreement (also known as a pre-nuptial agreement) before or after they are married. These agreements can help establish guidelines and expectations regarding property division or other issues that might arise if spouses divorce or separate.
Marriage agreements can be a positive way to start off a marital relationship. It can help ensure there is full and transparent financial disclosure between both spouses from the beginning. It can also ensure both partners are on the same page regarding their property, finances, and roles in the relationship. In the event there is a separation, a marriage agreement can save both spouses a great deal of time, money, and frustration.
Couples who are not married can still be in a spousal relationship after living together for two years. A cohabitation agreement offers the same benefits as a marriage agreement, by setting guidelines and expectations for any issues that may arise in the event of a separation. Cohabitation agreements can help provide for transparent financial disclosure between spouses, ensure both spouses are on the same page, and help prevent costly disagreements in the future.
Couples are also able to enter into an agreement after they separate. It is in everyone’s best interest to reach an agreement outside the courtroom and avoid costly litigation. Separation agreements can establish parenting arrangements, child support, spousal support, and the division of family property.
Property or Co-Ownership Agreements
Agreements between two partners do not always have to cover everything. Sometimes, spouses can only agree on one or two issues. The rest can be determined at a later time. Often, we see spouses agree on what should happen to their house, business, or other property, but disagree on parenting arrangements for their children. Our firm can help sort out which issues need to be resolved and how to implement any agreements.
For any agreement, it is important to make sure the process is fair for both partners. This involves full disclosure and ample opportunity for each side to negotiate. It is especially important that both partners are represented by their own lawyers during these negotiations. If the Court believes an agreement was made unfairly, some or all of that agreement might be set aside in the future.
The lawyers at Jiwa Law Corporation can help ensure your rights are protected. We have extensive experience planning, drafting, and negotiating agreements. We can provide you with honest, straightforward advice and advocate for your best interests throughout the negotiation process.