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Our Family Law Attorneys Help Clients With Prenuptial & Postnuptial Agreements in Ridgeland
Despite what many couples think, a prenuptial agreement may actually be beneficial to your marriage because it settles financial concerns at the beginning and may prevent problems later. Similarly, postnuptial agreements may help reduce financial insecurities so that you can continue with your marriage while having the utmost clarity about the future. Prenups and postnups are enforceable in Mississippi—but only when they meet certain legal requirements.
At Hancock Law Firm, our Mississippi prenup attorneys are skilled and experienced advocates for clients. We can guide people in Ridgeland through the process of crafting these types of family law agreements. Our legal team will make sure that your prenup/postnup properly protects your rights and effectively achieves your goals. Call our Ridgeland law office today to set up a strictly confidential initial consultation with a top-rated family lawyer.
What are Prenuptial and Postnuptial Agreements?
A prenuptial agreement is signed prior to the marriage. It sets forth the terms of what will happen if the marriage dissolves because of death or divorce. For the prenuptial agreement to go into effect, the couple must actually get married. A postnuptial agreement is a document that is signed after the marriage. In effect, it is very similar to a prenup. If you and your spouse already got married in Mississippi and you wish you had a prenup but failed to sign one, you still have the right to get a postnup.
Contact us now to get started on drafting your marital agreement.
Drafting a Prenuptial or Postnuptial Agreement in Mississippi
While prenuptial and postnuptial agreements may be useful for any couple, they may be especially helpful in situations in which one party has children from a previous marriage and wants to make sure that their inheritance will be handled properly, when one party has high-value assets like real estate, inheritance, retirement accounts, or a business, or when one party is bringing substantial debt into a marriage.
As a general rule, prenups and postnups are most effective in dealing with issues of property distribution should a divorce occur. You and your spouse can essentially use a marital agreement to “predetermine” how certain matters will be handled in a marital separation. When used properly, a prenuptial agreement or postnuptial agreement can protect certain assets and make the divorce process less challenging.
Both prenuptial and postnuptial agreements may address a wide range of issues, including:
- Asset division at the time of death or divorce;
- Whether gifts and inheritance assets will count as marital or non-marital property;
- Protection of legacies for children from prior marriages;
- Whether one spouse will provide alimony to the other, as well as how much and for how long;
- Each spouse’s entitlement to receive death benefits from the other’s insurance policy; and
- Any other matter upon which the couple agrees is allowable under state law.
Child Custody and Child Support Should Not be Part of a Prenup or Postnup
If you are a parent who is considering using a prenuptial agreement for issues of child custody, child visitation, or child support, that would be a serious mistake. Under Mississippi law, courts are not bound by postnuptial agreements when it comes to matters of child custody or child support. Any determinations regarding children are always made based on what is considered to be in the child’s best interest. In other words, Mississippi does not allow married couples to deal with matters related to child custody and child support in a marital agreement. These matters must be worked out in accordance with the relevant state law after a separation.
An Overview of Mississippi Law on Prenups and Postnups
Unlike many other states, Mississippi does not follow the Uniform Prenuptial Agreement Act (UPAA). Instead, both prenuptial and postnuptial agreements are treated like any other contracts in the state. That being said, our state’s laws on prenups and postnups are not all that different from the laws in other jurisdictions. Since basic contract rules apply, these documents are enforceable in court as long as both spouses were of legal age and sound mind when they entered into the agreement.
Of course, the documents may be void if they were entered into under duress or if one spouse lacked the mental capacity to fully understand the terms of the agreement. To ensure your prenuptial agreement is valid, it is highly recommended that you consult with an experienced family law attorney before you sign. A poorly drafted prenup or postnup may be partially or wholly unenforceable. If you have any questions or concerns about entering a prenup or a postnup, our Ridgeland, MS family law attorneys are here to help you find the best path forward.
You Can Rely on the Mississippi Family Lawyers at Hancock Law Firm
Prenups and postnups are complicated legal documents. At Hancock Law Firm, our family law attorneys have the skill and dedication to handle a prenuptial or postnuptial agreement. When you reach out to our Ridgeland law office, you will have an opportunity to consult with a Mississippi family lawyer who is prepared to:
- Listen to your story and answer your questions about prenups or postnups;
- Gather and prepare all relevant documents, records, and information;
- Help you negotiate and draft a valid marital agreement; and
- Take any necessary legal action to protect your rights and interests.
You deserve personalized representation from your family law attorney. Since these documents may significantly affect your rights in a divorce, it is important to consult an attorney if you are contemplating them. We are dedicated to providing reliable and comprehensive representation to clients at every step of the way.
Contact Our Ridgeland, MS Prenuptial Agreement Attorney Today
At Hancock Law Firm, our Mississippi family law attorneys have the legal expertise and real-world experience to negotiate, draft, and litigate prenups and postnups. If you have questions, we have the answers. Contact us today for a completely private, no-obligation case evaluation. Our divorce attorneys represent people in Ridgeland, MS, and the surrounding communities, including in Madison and Brandon.
Call us at (601) 853-2223 or contact us online today to schedule a consultation.
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