Evolving marital structures to meet with changing family needs
Post-marital contracts arose out of the need for families to adjust to a change in economic circumstances. Whether one spouse stands to inherit a large sum of money or plans to increase his or her participation in a family business, a post-marital contract allocates risks and liabilities according to legal marital structures. A shift in how to file income taxes and other related economic decisions provides savings for the family as a whole.
Alternatively, therapists tout post-marital agreements as a last chance opportunity to rehabilitate troubled marriages. This contract gives spouses the opportunity to review their life goals and simplify their finances by redesigning basic family infrastructures. These contracts further contain provisions for divvying up family assets in the event of divorce or the death of either spouse.
Attorney Julia Shalhoup facilitates resolution using various problem-solving techniques. She informs clients of the economic impact of their decisions and encourages her client to discuss any outstanding legal issues openly. Her insight enables clients to achieve constructive solutions to family crisis. The end result of the contract negotiation—a post-marital contract—serves as the basis for future decisions between a husband and a wife.
What purpose does a post-nuptial agreement serve?
Post-nuptial agreements allow couples to adjust to a life-changing circumstance. It allows a spouse to achieve the following outcomes:
- Protect marital assets in case of divorce
- Allocate funds to a child from a former marriage
- Respond to a change in financial status
- Resolve conflict about financial decisions
- Legally distinguish personal assets from business assets
How does a court determine whether a postnuptial agreement is valid?
In deciding whether to enforce a post-nuptial agreement, courts assess the following factors:
- Did both parties enter voluntarily into the contract?
- Were the terms of the contract fair?
- Was any coercion involved?
- Were all assets fully disclosed?
The answers to these questions can help shape a judge's opinion.
Make adjustments to your marital agreement. Call today: (304) 345-4455
If you like to know more about postnuptial agreements, contact an experienced family law attorney at the law office of Julia Shalhoup in Charleston, West Virginia by calling (304) 345-4455 or fill out our online contact form. From offices located in Charleston, our firm represents clients throughout West Virginia, including Charleston, Hurricane, Winfield, Madison, Elkview, Ripley, Beckley, Hamlin, and Spencer, and Putnam, Kanawha, Boone, Lincoln, Jackson, Roane, Cabell, Clay, and Raleigh counties.