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Marital & Post-Marital Settlement Agreements

A different strategy often employed during a marriage, the marital agreement is usually oriented towards settling the intricacies of one issue, such as a particular piece of property or business. The same specific subjects are addressed with marital agreements as with a premarital/prenuptial agreements, but as the couple is already married, the marital agreement tends to be focused on particular topics that have developed since the wedding. Examples of this include the distribution of wealth in case of divorce, ownership of distinct property like automobiles or jewelry, or the allocation of accrued value of a home or business.

Sometimes known as a marital settlement agreement, the post-marital agreement is written as a comprehensive personal contract between separating parties. It stipulates the details of the marriage, including who was involved and when, children and their specifics, property and interests held, as well as outlining the agreement between separating parties regarding particular information like custody, child support, spousal support, and payments between parties. Called "stipulation to judgment" in certain legal circles, the post-marital agreement stands in place of a divorce, instead standing as a binding legal agreement of dissolution of marriage.

Available for all who seek the services of Scott Family Law, marital and post-marital settlement agreements dovetail with other legal devices, such as cohabitation agreements. Along with Mr. Scott's in-house capacity for analysis and review of pre-existing agreements, and the modification of the same, he and his colleagues can create the exact legal document necessary to satisfy the rigors of your situation, be it prenuptial, post-marital or pending separation.

Targeting the Prenuptial Agreement For Your Special Circumstances.

Long-term experience with the intricacies of family law have helped Mr. Scott and his jolly band of colleagues to craft special provisions into their premarital agreements. This customized prenuptial wording takes into account the changes in the law we see with regular experience in litigation. In particular, we've created language that specifically addresses how property is preserved in character as separate, or how it transmutes from separate to community.

There can be no question about the status of special property or details if the marriage ends. More importantly, this trend towards using declarative legal positioning in relation to separate or community property is growing. The courts have taken a shine to prenuptial specifics that illuminate the exact manner of transmutation; how property becomes a community item.