What is a Spousal Agreement?
A spousal agreement is an agreement before marriage or during marriage that alters or maintains the nature of the property that is the subject of the agreement. Although prenuptial agreements are the most common type of spousal agreement, couples can alter their property interests relative to one another throughout their marriage. Couples can also alter their property interests after marriage with postnuptial agreements.
What are the Requirements of a Spousal Agreement?
A spousal agreement must conform to several requirements to be valid, including: - It must be in writing
- Both spouses must fully disclose their financial assets
- The agreement cannot encourage divorce
- Neither party entered into the agreement under duress
Do I Need an Attorney to Draft an Agreement between My Spouse and I?
Spousal agreements are sometimes complex and difficult to negotiate. An experienced family lawyer can help you draft a spousal agreement that will be legally enforceable. A family lawyer can also explain your rights and responsibilities. |
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