Montgomery County Postnuptial Agreements Lawyer

Many circumstances can lead a married couple to consider executing a postnuptial agreement after their wedding. For some, the wedding happens quickly after an engagement, leaving them with little time to draw up a contract. Others may not have realized how a potential divorce could impact their personal assets.

A Montgomery County postnuptial agreements lawyer can help protect your property rights in a future divorce by drafting a legally enforceable contract on your behalf. If you have already drafted a contract, a skilled marital agreements attorney can review the terms to make sure your interests are protected. Reach out to our office today to start working on your case.

Difference Between a Prenuptial and Postnuptial Agreement

Prenuptial and postnuptial agreements are very similar. They both provide couples with an opportunity to discuss the division of assets and liabilities, marital and non-marital property, and spousal support in the event of a divorce. Postnups, however, are executed after a couple has been married, while prenups are entered into before the wedding.

Postnuptial agreements often include provisions regarding marital issues such as:

  • Specific pieces of property that are classified as separate
  • The rights of each spouse to certain assets
  • Liability to pay certain debts
  • Alimony or spousal support
  • The rights of each spouse pertaining to real property owned by one or both of them.

It can be helpful for anyone to meet with a lawyer to discuss what issues are important to address in their separation agreement.

Common Reasons to Execute a Postnuptial Agreement

Although executing a postnuptial agreement is not mandatory, many married couples can benefit from entering into this type of contract with their spouse. For example, if one spouse accrues a large amount of debt during the marriage, it could turn into a point of contention between the two parties. Entering into a postnuptial agreement can protect the other spouse from having to pay those debts if the couple divorces.

Similarly, one or both spouses may gain a considerable amount of assets during the marriage that may be worth protecting in the event of a divorce. A local attorney can help a spouse assess their changed circumstances and help that spouse decide if executing a postnuptial agreement would be beneficial for him or her. 

Unenforceable Provisions in Montgomery County

Although couples may include various terms related to property rights in a postnuptial agreement, the courts will not enforce provisions in a contract that conflict with state or federal law. Under the Maryland Code, Family Law § 8-102, provisions that prohibit spouses from seeking a divorce are inconsistent with state law and will not be enforceable.

Further, Maryland law treats the right to receive child support as the child’s right, not a custodial parent’s right. Consequently, the courts will likely invalidate a postnuptial agreement provision that releases one parent’s obligation to pay child support after a divorce. A seasoned lawyer in the area can help a party avoid executing postnuptial agreements containing unenforceable provisions.

Meet with a Montgomery County Postnuptial Agreements Attorney

If you or your spouse failed to execute a prenup before your wedding, a Montgomery County postnuptial agreements lawyer can help you safeguard your assets in a potential divorce. A dedicated attorney can assess you and your partner’s assets and liabilities and draft a postnuptial agreement that protects your interests. Contact our firm today to schedule an initial consultation.