Family,Lawyers,Can,Help,Enforc law Family Lawyers Can Help Enforce Prenuptial Agreements
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Whether youre about to embark on a new union or you are in the middle of a divorce, youll quickly realize how difficult dealing with a prenuptial agreement can be. Family lawyers see it all the time, couples fail to make a contract before marriage, resulting in bitter court battles later on, or one partner finds difficulty getting the judge to enforce the agreement. If mediation between you and your spouse regarding the division of property following a marriage is reaching a standstill where neither party is willing to compromise, it is usually in your best interest to seek legal guidance. Family lawyers help protect clients from unreasonable requests from spurned former partners as well as help adjust the terms of the prenuptial to be satisfactory in consideration to any changes that have occurred over the course of the relationship. Just as many couples struggle with the thought of drafting a prenuptial as it suggests doubt in the union; judges often treat these contracts just as dubiously. Although a prenuptial agreement is considered a binding contract when documented according to local laws, it isnt uncommon for there to be great contentions when a divorce becomes realized. A prenuptial agreement is not a finite end and solution to any relationship. In order to ensure validity of the arrangement, the contract must be written and signed by both parties. Witnesses are not necessary, but it is highly recommended to have them or even video documentation of the signing, the reason being that any coercion can be contested in court. The lengths and precautions taken when signing a prenuptial may seem extreme and you may be tempted to skip them for the sake of saving some stress. A common argument used in courts by family lawyers, however, is manipulation. It is easy to see how one part of a couple can feel pressured to make a certain decision in order to maintain optimism at the start of a marriage. If you have legal counsel present when signing the agreement, as well as have video evidence, you can greatly reduce the odds of a ruling against the prenuptial terms. The mutability of relationships is another reason why prenuptial terms are so easily tossed aside in court. In some states, the birth of a child will immediately negate some or all of the agreement. A significant increase or decrease in finances or personal assets is another reason why everything can get turned around. Family lawyers often have to argue against unfair agreements because one or both parties involved have had great changes in their lives. Personal feelings and emotions run high during divorce, which often results in bitterness and unnecessary feuding. Family lawyers often find their clients unprepared and in disbelief over their former spouses sudden irrational behavior. When dealing with a person who is emotionally unstable or seems temporarily charged by anger over the breakup, they may make unreasonable requests such as inflated alimony or complete custody of the children without visitation rights. Unwarranted extreme requests are often unheeded by judges; however, to ensure justice it is absolutely necessary to hire an attorney.
Family,Lawyers,Can,Help,Enforc