By now, most people are familiar with the concept of pre-nuptial agreements. These are contracts signed before a couple recites their vows, and are typically intended to protect assets acquired by the individuals prior to the union.
Less recognized, but no less formal before the courts, are post-nuptial agreements. These contracts are very similar, except that they occur after the marriage. Our Hammond family law attorneys recognize that while the courts will give great weight to contracts signed by both parties at any point, having the record drafted or reviewed by an experienced lawyer can help eliminate the possibility that a judge might later find it unenforceable due to being unconscionable and/or involuntary.
It’s worth noting there are some elements – such as child support or child custody – that generally can’t be decided in such a contract. The courts are more concerned with the child’s well-being than the desires of the adults in the situation, and that will take precedent.
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