Maryland Postnuptial Agreements Lawyer
Getting married is a major legal event in a person’s life. However, it benefits every couple to examine how their legal rights and obligations may change during the course of their marriage.
While it is never pleasant to think about a potential divorce, it is important to safeguard your future. Even after marriage, entering into a postnuptial contract with your spouse could provide stability and certainty in case your marriage does end in divorce.
A Maryland postnuptial agreements lawyer could help explain your marital rights and how courts interpret family laws. Let one of our seasoned family law attorneys assist you in drafting a contract that promotes your goals and interests.
Terms on Asset Distribution
According to Maryland Family Law §8-205, Maryland is an equitable distribution state, which means that all property obtained by either party during their marriage is the marital property of both spouses. While any property that a person owns prior to marriage is generally exempt from distribution upon divorce or separation, separately owned assets may transition into marital property if both parties utilize or contribute to them after getting married, or if assets are commingled.
One goal of a postnup agreement is to state the couple’s wishes about the division of their marital property in case of a divorce. While local family courts are required to make an equitable distribution of a couple’s marital assets, that does not necessarily mean an equal division of that property. A postnup contract drafted by a Maryland attorney can delegate a couple’s marital property in almost any way that the parties wish.
Drafting a Legally Valid Contract
It is important to understand that a postnuptial agreement is a legally binding contract. This means that all parties must agree to the terms before signing. A post-marital contract could be voided if there is evidence that a person signed the documents under coercion or duress.
State law requires all non-custodial parents to provide financial support to custodial parents. However, the amount of support that a parent owes must be determined by a family law judge pursuant to state law and in the children’s best interests.
Furthermore, while parents may outline their wishes for custody in a post-marital agreement, judges must still evaluate whether a proposed arrangement is in the best interest of the child. As a result, a postnup may include provisions on the care and support of children; however, those provisions will be subject to modification by a state court with jurisdiction. For more information, consult with an experienced postnup contract lawyer in Maryland.
A Maryland Postnuptial Agreements Attorney Could Help
People who get married may find their goals changing as well as their respective roles within the marriage. For this reason, entering into a postnuptial agreement can help clarify and protect your rights.
While these agreements have no legal effect if a marriage does not end in a divorce or separation, they can be essential in protecting your assets in the future. A local family court can incorporate, and not merge, a postnup contract into the final divorce decree.
A Maryland postnuptial agreements lawyer could help you identify your long-term goals and draft a document that reflects your interests. Contact our office today to learn more.
