Some Missouri residents have significant assets that they would like to protect before they get married. Others seek to handle this after they have gotten married. This is where premarital and postnuptial agreements come in. Understanding how these agreements can affect the case if there is a divorce underway is one of the most contentious and worrisome issues in family law. Having legal assistance for these cases is a must.
A prenuptial agreement is a contract that the couple will agree to and will define how the property division, spousal support and other issues will be addressed should they divorce. Often, these stem from a request made by a person who is wealthy or is simply in a better financial position than the other party. It could also be used when the party has items that are of substantial value like artwork, motor vehicles, real estate and investments. A common problem with a premarital or postnuptial agreement is if property or a business increased in value after the marriage. The party that signed the agreement could be under the impression that he or she is not getting a fair share due to those changes.
There are circumstances under which the agreement might not be enforceable or it can be voided completely. For example, a spouse not sharing all the necessary information prior to the contract being signed could be vulnerable to a complaint from the signing spouse and the agreement could be null and void. Assets, income and liabilities must be disclosed. If the signing spouse is provided with this information and has independent legal advice, there is a good chance it is valid.
For both sides, divorce issues can crop up when there is a premarital or postnuptial agreement. For protection when the marriage is ending in divorce, it is imperative to have a law firm that is experienced in all areas of divorce to look over the documents and take the appropriate steps to help the client whether it is enforceable or not.