结婚后的协议
A divorce can be an emotional and financial grind that could consume much of your time and energy. 虽然离婚可能会让你重新开始, you could also have a difficult time getting through the process. A way to reduce the chances of a difficult split is through an 印第安纳州 postnuptial agreement.
婚前协议更常见, 大家都知道，他们有相同的目的, 但时机不同.
婚前协议是在结婚前签订的, while postnuptial agreements are created during the marriage and occur for limited situations in 印第安纳州.
Both agreements are tools that couples can use to potentially greatly narrow what can be disputed during a divorce. A postnuptial agreement can spell out the parties’ intentions on the handling of financial assets, 债务, 离婚时的赡养费和财产. What can’t be part of a valid postnuptial agreement is the handling of child custody, visitation and support; these issues, 这可能是非常情绪化和有争议的, 是否仍有待解决.
印第安纳州 结婚后的协议 Must be Valid Contracts
A postnuptial is enforceable if the requirements of contract law are met. If the adults involved aren’t incapacitated, it’s assumed they’re able to contract. Courts are generally reluctant to re-write a contract, but they could get involved if one of the following can be shown:
- 这是欺诈或胁迫的结果.
- The terms are unconscionable (unfairly skewed and one-sided), 创造一个明显不公平的结果.
- There wasn’t a full disclosure of the assets and 债务 of one or both of the parties when the agreement was entered into.
A court could also step in to interpret the contract if its terms are vague and confusing and state what it means in case one or both parties dispute that meaning and disagree over their rights and responsibilities.
印第安纳州 结婚后的协议 are Based on Case Law Not State Statute
不像婚前协议, 没有州法令规定其有效性, rights and responsibilities that come with postnuptial agreements. The foundation of postnuptial agreements is judge-made or common law. 在这些情况下, judges have had to juggle family and contract law to come up with fair and equitable decisions.
If a couple finds itself in relationship trouble and tries to reconcile, part of that process could be to create a postnuptial agreement to resolve financial and property disputes to try to get themselves back on track.
If the postnuptial agreement is created by a happily married couple who just didn’t take the time to put together a prenuptial agreement, whether it’s enforceable or not may be open to question. After a divorce is filed a spouse who’s unhappy with the terms of the agreement may claim it’s not valid because no consideration (something of value) was exchanged between the parties, 合同法中的要求.
印第安纳州 结婚后的协议 Provide Some Certainty and May Prevent Future Disputes
Postnuptial agreements have benefits just like any other contract. They bring certainty to what could be an uncertain situation. They clarify the parties’ rights and responsibilities and spell out what they should and shouldn’t do under given circumstances. 这样可以让双方都安心, knowing there’s a plan in place for the worst-case scenario, which could be extremely helpful to couples as they navigate the ups and downs of married life.
Assets that each spouse wants to designate for a particular purpose, like putting aside and preserving an asset to pass on to children from another relationship, 可能是协议的一部分吗. It there’s an income disparity between the spouses, it can be agreed that the one with a lower income will receive certain assets or alimony for a given time after a divorce. If a spouse is the owner or part-owner of a business, how that stake in the business will be handled can be agreed ahead of time.
Creating a valid postnuptial agreement should at least narrow the scope of divorce disputes and reduce its costs if one occurs. Postnuptial agreements can be especially helpful for marriages of older couples and those who’ve been married before. They can also state what should happen in case one spouse dies, spell out what estate planning documents should say and require that life insurance policies be purchased and who their beneficiaries should be.
Although there are benefits to creating a postnuptial agreement, 像任何绑定一样, 法律文件, you need to think through whether it’s right for you and, 如果是这样的话, 你想要什么条件?, what issues you’re willing to negotiate and what issues you’re not willing to compromise on.
If you are married and have questions about postnuptial agreements or want legal help in having one created, 接触教会, 兰登, Lopp, 今天的Banet法律. 我们期待与您合作.
Dana Eberle-Peay律师
Dana is a native of Southern 印第安纳州 and is deeply devoted to Kentuckiana. 她大半生都在floyd Knobs度过, 她也住在格林维尔, 新奥尔巴尼, 和乔治敦. Allowing Dana to become familiar with every town of Floyd County. She oversees the Family Law practice area for CLLB, and she firmly believes that helping families is her destiny. [ 律师生物 ]
