Rockville Marital Agreements Lawyer
If you are anticipating a divorce or simply want to be proactive in protecting your assets, letting a court decide your marital issues might lead to a result neither you nor your spouse intended. However, marital agreements allow you to maintain control of your assets, often without going to court.
Discuss your situation with a Rockville marital agreements lawyer to minimize conflict and protect yourself and your property in the event of a dissolution. Our family attorneys could explain the benefits of these contracts and help determine which one best meets your needs.
Different Types of Marital Agreements
Couples can utilize several types of contracts to address property division, spousal support, and child custody. Each has a specific purpose and can benefit parties at different stages of their relationship.
Prenuptial Agreements
Prenuptial agreements or ‘prenups’ are binding contracts under state law that are typically formed and signed prior to marriage. Judges will generally enforce them if the parties negotiated fairly.
Prenups can direct how a couple intends to divide their assets if they dissolve their marriage. However, these contracts do not address child custody or support. Judges must decide child-related issues at the time of divorce to preserve the children’s best interests.
Postnuptial Agreements
Like prenups, postnuptial agreements enable spouses to maintain control over issues like asset division and spousal support in the event of a separation or divorce. These documents are generally drafted and implemented after a couple has already wed.
A postnup can also detail the financial support of children from prior relationships and set payment terms for debt incurred by the spouses during the marriage. While postnuptial contracts are less common, they can be useful, particularly if the couple intended to execute a prenup but did not do so.
Marital Settlement Agreements
If a couple decides to end their marriage, they can use a marital settlement contract to outline their divorce terms. These agreements can address all marital issues, including but not limited to:
- Child custody and support
- Alimony
- Asset division
- Sale of a family home
- Income tax exemptions
- Health insurance
- Legal fees
Signing a separation agreement does not necessarily mean a couple will divorce. If they reconcile, they can void the contract. The laws in Rockville regarding marital agreements can be complicated, but an attorney could explain the provisions and ensure the documents created follow legal standards and guidelines.
Challenging Marital Agreements in Family Court
If a party is dissatisfied with the terms of their marital agreement, they could challenge its enforceability in court. Some situations that may warrant a judge’s review include:
- One party pressured or forced by the other to sign the agreement
- A party did not fully disclose their income, assets, and debts
- A party was not mentally competent to enter into a legally binding contract
- The deal is so one-sided that it would be inequitable for the court to enforce it
- Any custody or access provisions involving children and child support is always modifiable.
When an engaged or married couple negotiates and signs a marital contract, they understandably expect it to be valid if they dissolve their marriage. A seasoned attorney is well-versed in matrimonial contracts and could explain what a party in Rockville must do to ensure a binding contract.
Let a Rockville Marital Agreements Attorney Help
Anticipating the ending of one’s marriage is never an easy thing to do. However, the better prepared you are, the more favorable the outcome.
Contact an experienced Rockville marital agreements lawyer today. Our committed legal team could work with you to outline the terms of your marital contract, ensure that it meets your needs, and verify that it is legally enforceable in court.
