The preparation and negotiation of a conjugal agreement can be subject to nervous tension and require a sensitive and sensitive practitioner in order to minimize potential future conflicts while preserving today`s harmony. Robert Clark can juggle these competing claims and Aplomb. If you or someone you know needs a family lawyer or would like to talk about other aspects of family law, contact us to make an appointment. If you are getting married and are interested in a marriage agreement, contact Elliott Frazier Law Firm, LLC. Our family lawyers in Greenville, SC, understand the often conflicting needs and interests of quick couples and how best to manage them for the benefit of all concerned. If Bob and Sally had a marriage pact, Bob could have divorced Sally without putting her fortune in jeopardy. Although the Hardee court recognized that spousal agreements that waive spousal support, spousal and/or legal fees are not necessarily null and void, there are certain circumstances in which a court may effectively invalidate a marital agreement. Of course, the Federal Supreme Court has analyzed that a court must engage in contract law. The Hardee court found that a contract, if it was „clear and explicit,“ should be interpreted strictly. Therefore, the lessons of contract law must be introduced into family law. In particular, marital agreements must be negotiated in such a way as to avoid „fraud, coercion, errors or incorrect or incorrect presentation of essential facts.“ Moreover, marital agreements, such as treaties everywhere, cannot be unacceptable.
Finally, the Review Tribunal must determine whether „the facts and circumstances have changed since the implementation of the agreement in order to render its application unfair and inappropriate.“ A marriage agreement is a legal agreement between the two parties in pre-marriage (post-marriage agreements are identical to marital agreements, with the only difference being made after marriage). These agreements are contracts between potential spouses, which specify how, during the marriage, matters, including financial ones, are handled and whether the marriage ends in divorce or the death of a spouse. In this context, the law expressly prohibits parties to a conjugal agreement from making custody decisions under the agreement. While it is easy to find model prenup forms on the Internet, it is important to consult an experienced family lawyer in order to create an agreement that is fair and enforceable for both parties. Robert Clark of Greenville Family Law has the ability and compassion to successfully guide them through this sensitive process. Please contact the office today for advice. If you marry someone without a marriage contract, give up your right to decide how your assets and debts are distributed. While a marital agreement is something that each couple should consider, it is even more important in some situations: the requirements for marital arrangement vary from state to state.