Charleston Pre & Post Nuptial Agreement Lawyer

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Erica Lord Law Group/

Charleston, WV Pre & Post Nuptial Agreement Attorney

Divorce can be a very difficult process in many ways, but there are some methods available to make dissolution proceedings easier in Charleston, WV. While some of these options only come into play once divorce proceedings have already started, others are possible with a bit of foresight. Prenuptial agreements can provide peace of mind and financial security to marrying spouses, and they can also provide valuable benefits if the couple later divorces.

While many people hold negative misconceptions about prenuptial agreements, believing them to indicate lack of faith that a marriage will last, In reality, they couples are taking advantage of the benefits of prenuptial agreements and enjoying better financial security as they begin their marriages. Taking time to develop a prenuptial contract with your spouse-to-be can also help the two of you improve your communication, potentially bringing you closer together by compelling you to have conversations outside before committing to marriage.

Attorney Erica Lord and the team at the Erica Lord Law Group can provide the guidance you need to develop a legally enforceable prenuptial contract. We understand that every marrying couple has unique needs and concerns, and our team will help you and your spouse develop a prenuptial agreement that satisfies both of your needs and goals as you begin your marriage.

Do I Need a Charleston, WV Family Law Attorney for a Prenuptial Contract?

It’s technically possible to draw up a prenuptial agreement privately with your spouse-to-be, but for the best possible legal protection from your contract it is important to work with a Charleston family law attorney. While the average person can use many types of contract drafting software and their own research to develop a prenuptial agreement, they are likely to overlook various factors in their case and may end up with a contract that does not actually accomplish its intended purpose.

While you and your fiancée may enjoy using an online tool or software program to draw up the framework of your prenuptial agreement, you should have an experienced Charleston family law lawyer assist you in developing your prenuptial agreement. Your legal team can help the two of you make a more comprehensive agreement that accounts for many different eventualities the two of you could overlook on your own.

Ultimately, hiring an attorney to assist you offers the best chance of developing a prenuptial contract that truly suits your needs and goals. You and your spouse should meet with an experienced Charleston family law attorney who can help you draft a prenuptial contract that provides the financial security you expect. Should you later divorce, this contract can make dissolution proceedings much easier for both of you.

What Does a Prenuptial Agreement Include?

A prenuptial contract primarily focuses on the financial issues that married couples must address. In many cases, marrying spouses have their own respective financial commitments, debts, and other economic concerns that may influence their married life. A prenuptial contract can effectively prevent each spouse’s financial situation from affecting the other. These agreements outline each spouse’s financial rights and responsibilities, such as defining who is responsible for certain debts, how businesses operated by the spouses will be managed, and each spouse’s financial obligations to their shared household.

A prenuptial contract can also preserve each spouse’s individual financial interests. For example, if you are marrying a new spouse after divorcing a previous spouse and have financial commitments related to your prior divorce, such as alimony or child support, a prenuptial contract can ensure your new spouse is minimally affected by these commitments. Prenuptial contracts can also include postnuptial clauses that act as blueprints for divorce. If you and your new spouse eventually decide to end your marriage, the postnuptial section of your contract will effectively guide the financial side of your divorce proceedings.

Many people believe that suggesting a prenuptial agreement to a spouse-to-be indicates a belief the marriage won’t last, and the party suggesting the contract simply wants to protect their own interests. The reality is that prenuptial agreements certainly provide financial protection but also help marrying spouses have greater peace of mind as they begin their marriage. They will typically have conversations that many newly married couples may not have until months or years after marriage, typically after financial problems have already arisen.

While a prenuptial contract can provide expansive financial protection to marrying spouses, they cannot govern every aspect of a marriage. For example, your prenuptial contract cannot determine who will take care of your children, who gets to decide vacation destinations, or assign responsibility for everyday household tasks.

Postnuptial Contract Review

If you and your spouse have a prenuptial contract and decide to divorce, it will be necessary to carefully review the postnuptial sections of your contract and apply them accordingly to your current divorce case. An experienced Charleston family law attorney is an essential part of this process. Your lawyer can help you review your contract, ensuring it remains legally enforceable for the purposes of your current divorce case. They will also help you take full advantage of the legal protections the contract offers for your divorce.

When a prenuptial agreement contains a postnuptial clause, this section of the contract may stipulate the terms of property division, spousal support, and other financial aspects of divorce. It’s important to remember that if you and your spouse develop a prenuptial contract at the beginning of your marriage you must periodically review it. Your financial situation and marriage will evolve over time, and some terms of your contract may require amendment or removal depending on the details of your situation.

Attorney Erica Lord has nearly 20 years of experience representing clients in West Virginia and specializes in family law. If you want to create a prenuptial contract with your spouse-to-be, or if you are planning to divorce and require formal legal review of the postnuptial clause of your contract, our team can help. Contact the Erica Lord Law Group today and schedule a consultation with our team to learn more about the legal services we provide for prenuptial and postnuptial agreements in Charleston, WV.

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