J. Michael Turner, Jr. is a lawyer for postnuptial agreements in Greenville, SC. If you need assistance drafting or negotiating your agreement, the family law attorney at Turner Family Law can assist you. Michael Turner also represents clients in divorce cases that involve postnuptial contracts.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract that spouses enter into after they get married. It determines the disposition of assets if the parties divorce.
While a prenuptial agreement is entered into before marriage, a postnuptial agreement is created after the marriage has taken place.
Why Create a Postnuptial Agreement?
Spouses create postnuptial agreements for a variety of reasons. It can be a useful tool to discuss important topics and create clarity about asset disposition in the event of divorce. Reasons to create a postnuptial agreement can include:
- Defining the terms of the marriage
- Knowing what will happen in divorce
- Handling receipt of an inheritance
- Reconciliation after marital difficulties
- Clarifying ownership of a business
The process of creating a postnuptial agreement requires the spouses to disclose their assets and talk about them. It can be a constructive process that creates a clear understanding and mutual agreement for the marriage. It can give parties peace of mind knowing what to expect if the parties get divorced.
Are postnuptial agreements enforceable in South Carolina?
A postnuptial agreement is enforceable in South Carolina if it is entered into freely and knowingly between the parties. The parties must disclose their assets and material facts. The contract must be entered into without duress.
Both parties should sign the agreement. It is best for both parties to have their own legal counsel to advise them when negotiating and preparing the documents.
What Can a Postnuptial Agreement Cover?
A postnuptial agreement may include any of the following:
- Who receives property if the parties divorce
- Alimony and spousal support, rights to what a spouse may earn in the future
- Family heirlooms
- Division of debts
- Life insurance benefits
- Who owns a business if the parties divorce
A postnuptial agreement may be comprehensive, covering many topics. It may also cover just a few things that are especially important in the circumstances. To meet the needs of the parties, a postnuptial agreement should be specific to the situation and the wishes of the spouses.
Child custody and child support in postnuptial agreements
A postnuptial agreement cannot award child custody or determine child support. The court determines child custody and visitation according to the best interests of the child. That is subject to change at the time of the divorce and even after the divorce. Similarly, child support is determined at the time the parties separate. It may also change after its initial determination.
How a Postnuptial Agreement Lawyer Can Help You
There are several ways that a lawyer can assist you with a postnuptial agreement:
- Determining if you need a postnuptial agreement
- Identifying the things that may need to be included in the agreement
- Providing independent counsel which increases the likelihood of the enforceability of the agreement
- Negotiations and the process of coming to an agreement
- Drafting and reviewing your documents
- Answering your questions about a postnuptial and the process of preparing one
- Modifying or terminating a postnuptial agreement
- Advising you on how a court may look at an existing agreement during a divorce
- Handling your divorce case and asking the court to uphold a postnuptial agreement
- Challenging the enforceability of a postnuptial agreement
Having legal representation ensures that you create an agreement that meets your objectives. It gives you guidance to take the right steps to make your agreement clear and enforceable. A lawyer is your advocate to present and argue your case in the event that a postnuptial agreement goes to court.
Consultations Available – Talk to a Lawyer
Michael Turner is a family lawyer in Greenville handling postnuptial agreements. Representing you in a postnuptial agreement matter begins with being your sounding board. Michael Turner listens to your concerns and understands your situation.
We will work to ensure that your agreement reflects your wishes and that you fully understand your case. If you are getting divorced and there is a postnuptial agreement involved, we will work on your behalf in all aspects of your case. To talk to a lawyer about your postnuptial agreement, contact our team today.