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Prenuptial & Postnuptial Agreements Attorney in Madison, MS
Madison Family Lawyers With Experience With Prenups and Postnups
At Hancock Law Firm, PLLC, our Madison prenuptial & postnuptial agreement lawyers are diligent, solutions-focused advocates for clients. Our law firm negotiates, drafts, reviews, and litigates all types of marital agreements. If you need help with prenups or postnups, we can help. To request your strictly confidential, no-obligation initial consultation with a Mississippi family law attorney, please do not hesitate to contact us today.
Prenups & Postnups: Explained
Also referred to as a premarital agreement or a prenup, a prenuptial agreement is a contract signed by spouses before they tie the knot. The purpose of a prenuptial agreement is to decide what will happen in the event of a divorce. It allows a couple to get more certainty should their marriage end.
A postnuptial agreement is similar to a prenuptial agreement—with the difference being that a postnup is signed by a couple that is already married. In effect, a postnup allows a couple to obtain the benefits of a prenup even if they already got married without signing such a contract.
Of course, prenups and postnups are not the most traditionally romantic thing in the world—and they are certainly not the right choice for every couple. Nonetheless, prenuptial agreements and postnuptial agreements can be useful for some married couples in Madison County.
What to Know About the Prenup/Postnup Laws in Mississippi
Prenuptial agreements and postnuptial agreements are strictly regulated in Mississippi. Although the state does not follow the Uniform Premarital Agreement Act (UPAA), you still have to comply with strict rules and regulations in order for your marital agreement to be fully enforceable in Mississippi. Here are three important things that you need to know about the prenup/postnup laws in Mississippi:
- A Prenup/Postnup Should Be Signed and in Writing: As a starting point, a prenuptial agreement or a postnuptial agreement in Mississippi should always be signed and in writing. While certain types of oral contracts are enforceable in the state, courts will not enforce a “verbal promise” related to property division in a divorce. If you and your partner are considering using a marital agreement, you should each consult with your own Madison, MS family lawyer to draft and review the terms of the contract.
- Each Spouse Must Have Capacity to Voluntarily Enter the Contract: As noted previously, prenups and postnups are essentially contracts. In Mississippi, courts are only going to enforce these agreements if they were entered into in a fair and good-faith manner. Among other things, this means that each spouse must have had the capacity to enter into the agreement on voluntary terms. A prenup or postnup can be disallowed if there was duress or one spouse failed to make proper disclosures.
- Child Custody, Child Visitation, and Child Support Cannot Be in a Prenup/Postnup: Finally, prenups and postnups can only be used to deal with certain types of family law matters. Not every type of issue in a divorce can be handled through a prenuptial agreement or postnuptial agreement in Mississippi. In general, these agreements are not the appropriate venue for issues involving kids. Terms related to child custody, child visitation, and child support are not enforceable under state law.
How Our Mississippi Family Law Attorneys Can Help
Prenups/postnups are complex. At Hancock Law Firm, PLLC, we have a deep understanding of the Mississippi laws for these types of marital agreements. You do not have to go through the legal process alone. Among other things, our Madison family law attorneys will:
- Conduct a comprehensive and confidential review of your legal case;
- Answer any questions that you may have regarding prenups or postnups; and
- Negotiate, draft, or review a prenuptial or postnuptial agreement; and/or
- Help you deal with an existing prenup or postnup in your divorce.
With a commitment to building lasting relationships with our clients, you can rely on our prenup & postnup lawyers to provide you with personalized attention. We will put forward the time and resources to protect your rights and help you secure the best outcome.
Call Our Madison, MS Prenup & Postnup Lawyers Can Help
At Hancock Law Firm, PLLC, our Mississippi family law attorneys have the professional skills and experience to draft, review, negotiate, and litigate all types of marital agreements. Do you have questions about prenups or postnups? We can help. Contact us now for a completely confidential case evaluation. We help clients with prenuptial agreements and postnuptial agreements in Madison and throughout the surrounding area in Madison County, including in Ridgeland.
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