 MARITAL AGREEMENTS |
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Marital agreements may be in the form of a pre-nuptial agreement, a post-nuptial agreement (where no physical separation is contemplated) or a separation agreement. Such agreements serve to resolve some or all of the issues between the parties, which issues would otherwise be contested in a divorce proceeding. This would include issues concerning property division, financial support, care and custody of children, and estate claims.
Marital agreements must be in writing, must be properly subscribed by the parties, and must be properly acknowledged. The acknowledgement (generally performed by a notary public) must be in the same format as would be necessary to record a deed.
In the event that one party challenges a marital agreement, the court will review the agreement to determine its validity. Such agreements will generally be upheld absent proof that one of the parties engaged in fraud, misrepresentation, deception or concealment. Absent such forms of unfair advantage, the parties will be bound by the terms of the agreements they have entered into, even if such agreements do not prove to meet their needs at a later date.
Many marital estates involve complex financial and familial issues. It is absolutely crucial that the litigant receive proper representation from an attorney experienced in drafting and reviewing marital agreements.
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| Mark I Plaine, ESQ |
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