Lake County, Indiana, Pre- & Postnuptial Agreement Attorneys
As many couples continue to extend the age at which they marry, pre- and postnuptial agreements have only increased in favor over the years. This makes perfect sense: if you wait to get married until you have already established yourself in your career and have a profession, then you have a lot more to lose should the marriage not pan out. Additionally, these kinds of agreements can be useful even as a preventative measure to help provide advance guidelines for any potential issues or conflicts that might arise throughout the course of their marriage. Some agreements include specific clauses on infidelity, for example, which can help dictate how such an act should be legally resolved.
If you are considering a pre- or postnuptial agreement, you might be wondering exactly what you can include and how to best include it. The fact of the matter is that you need an experienced family law lawyer to help you craft these agreements in ways that are legally binding and enforceable. You don’t want to take the time to set them up only to find out that they are not able to be upheld by the court system via a technicality, after all. For this reason, you should keep Funk & Wendlinger, LLC, in mind for all of your pre- and postnuptial agreement needs.
What are pre- and postnuptial agreements?
Pre- and postnuptial agreements are agreements that are formal in nature and are designed to be recognized by the Indiana civil courts should the marriage eventually come to dissolution. Note that these agreements cannot be signed under duress, and if it is found that one partner did not voluntarily sign the agreement, the agreement itself causes extreme hardship for one party, or even if the provisions eliminate or modify spousal maintenance, they might not be recognized or enforced at all. That means that you need an experienced attorney who can help you craft your pre- and postnuptial agreements in ways that are enforceable. An attorney can also help both parties fully understand the consequences of signing such an agreement, which further helps ensure that the agreement will be found enforceable should it eventually come into play.
Are pre- and postnuptial agreements legal?
While some individuals strongly dislike them, pre- and postnuptial agreements are, in fact, legally binding as long as the document is drafted in a way that is fair to both parties. That means that an agreement that states that a party that causes a dissolution of the marriage is not eligible for spousal maintenance or has to pay an exorbitant sum of money to the other partner, for example, would not be deemed enforceable, and the courts would most likely find it to be nonbinding.
With all of the above said, it is important to emphasize that pre- and postnuptial agreements are, in fact, binding as long as they are crafted by an experienced attorney who understands the requirements they must meet. That means that if you want an agreement that will be upheld in a court of law, you should hire an attorney who understands how that kind of thing works. The experienced professionals at Funk & Wendlinger, LLC, would be willing and able to help you create the perfect pre- or postnuptial agreement for your needs. We can help ensure that the agreement itself is fair and enforceable, and that both parties understand the implications of signing it. This can further help ensure that the document is upheld.
Do courts really find some pre- and postnuptial agreements to be void?
While we’ve talked about this above, it is important to take a closer look at the enforceability of these kinds of agreements. While many individuals craft agreements and have them signed and never encounter a problem, it should be noted that there have been numerous cases where the opposite is very much true. Even an agreement that seems fair to the parties at the time of signing might be seen as unfair should the agreement be brought to court. This is why you need a lawyer to help you ensure that the agreement is one that the court will find to be fair and just to all parties involved.
For more information about pre- and postnuptial agreements and why you should consider adding them to your marriage, call Funk & Wendlinger, LLC, today at 219-865-0002 or fill out our online form. We are more than happy to discuss your situation with you and help you come up with the perfect agreement to suit your specific needs.