There is also a pre-marital contract, a cancellation agreement, a marriage contract or a brief prenupe. Its purpose is to resolve financial matters in advance in the event of divorce or death. While a marriage deal may seem unromantic, some experts say it`s just smart financial planning. If you or a loved one is considering a pre- or post-calming agreement, contact our family lawyer in Charleston, SC. At Crossroads Family Law, we offer legal advice and assistance in developing and presenting your agreement before or after your wedding. Our Charleston lawyer will direct you, but will assure you that your assets and rights are protected. Call 843-474-4000 if you have any questions about family law in South Carolina. Do It Yourself Post Nuptial Agreement. As long as both parties agree with the terms of the post-marriage contract and have the opportunity to put these conditions in a legal document, most states do not make it a legal obligation to have a lawyer. For the most part, the state of South Carolina authorizes a pre-marriage agreement to address all issues that are not expressly prohibited by law or that are illegal.
Indeed, the South Carolina Uniform Act says that the issues that can be addressed in a marital agreement are “personal rights and duties, not against public order or the law… contains. Is there a property you want it to stay separate? Are there any legacies you only want to stay in the event of a divorce? Prior and subsequent agreements can ensure that these specific assets are not considered to be a marital property subject to division. Therefore, the specific assets are exempt from tax, since the judge classifies the real estate before the equitable division of the matrimonial property. The reasons for signing a prenup are more compelling and clearly defined than the reasons for signing a similar agreement after a marriage. Prenupes come with an integrated threat: if you don`t sign, the marriage won`t happen. By default, marital property in South Carolina is subject to equitable sharing. However, a couple may have a derogation from this law, which gives the court a mandate to distribute fairly all property acquired during the marriage. If you want your individual properties to remain separate, you should enter into marital and postuptal arrangements. marital and post-marriage agreements have the same purpose; Conditions for sharing assets during divorce. Their only difference is timing.
For example, a couple enters into a marriage before marriage. On the other hand, post-marriage agreements are usually concluded during marriage. If you have everything you need, go to your divorce lawyer in Greenville. Your lawyer can check the assets you and your spouse have. Then you can discuss how assets are treated in the event of a divorce. You can also indicate questions such as who will pay the bills during your wedding and how the taxes will be submitted. Post-nuptial can serve many functions related to ownership and assets, so ask your lawyer how best to design it. If you or someone you love is considering either a marriage agreement or a post-uptial agreement, contact our experienced family law lawyer in South Carolina. At Lauren Taylor Law, we offer professional legal advice and assistance in developing and filing your agreement, either before or after your wedding.
Our greenville lawyer provides you with a comprehensive and caring legal service and can guide you through the process while ensuring that your rights and assets are protected. If you use Greenville and its surroundings, call us or contact us online for a first consultation. Pre-marriage or post-marriage agreements cannot be applied if: Some couples choose to enter into an agreement before their marriage, with the aim of preemptively resolving a number of issues that could arise from the future death or divorce.