Have you proposed to your significant other? Have you considered the state laws with regards to spousal maintenance? State laws on community property? Do you want children and want to ensure their religious upbringing or ensure they go to a certain school? Then you may want to consider having a premarital agreement drafted. At The Báez Law Firm we can help you!
A premarital agreement can define the rights and obligations of each party. You may choose to have a premarital agreement drafted and signed by yourself and future spouse:
- To protect your property rights
- To eliminate, limit, or set a specific amount for any spousal maintenance/alimony that may be awarded to your spouse by a court upon the dissolution of your marriage
- To ensure the religious upbringing of any future children you may have
- To classify any property and debt owned by the parties, or later acquired during the marriage
- To detail which spouse will have the management and control of the parties’ property or financial affairs
To be valid, a premarital agreement must:
1) be in writing
2) must be signed by both parties
3) must be signed before the parties marry. Before the parties can sign a premarital agreement, the parties must have full financial disclosure of each party’s property and financial obligations.
Amending and revoking an agreement:
A premarital agreement may be amended or revoked under limited circumstances.
Before the marriage: a premarital agreement can be amended or revoked in writing signed by both parties. However, a premarital agreement does not need to be amended or revoked, if the parties do not get married, as the agreement only becomes effect upon the marriage of the parties.
After the marriage: after the parties marry, a premarital agreement can be amended or revoked in writing signed by both parties.
The purpose of a post-marital agreement is to change the characterization of marital property during the marriage. There are two types of post marital agreements;
1) partition/exchange agreement and
2) conversion agreement.
To be enforceable, a post-marital agreement must be in writing and signed by both parties.
If you have any questions regarding a pre or post marital agreement call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777