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POST-MARITAL AGREEMENTS

Post-Marital Agreements are useful especially in marriages where the parties do not legally share any or all children. This can come up in a number of different situations, but the most common are: 

  • When spouses are starting estate planning and want to make a clear declaration that each spouses' separate children shall inherit from their legal parent or guardian

  • When inheritance is imminent or has recently been received by one spouse from a parent or other relative and spouses want to make sure that it flows to the children of the spouse that inherited the property

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Post-Marital Agreements are generally much less contentious than most people imagine, as my experience would show that the couple usually goes into the agreement with a shared goal to protect descendants, such as children and grandchildren.

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These agreements can also discuss how assets the parties had upon entering into the marriage are to be handled. This is also helpful in the situation of a marriage without all or any shared children. 

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Keep in mind, both parties need separate counsel so that each spouse can have someone with their best interests review the document.

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