Rockville Postnuptial Agreements Lawyer

Considering the possibility of a divorce is overwhelming for many couples. However, whether you are having difficulty in your marriage or just want to plan for your future, you should know how to protect yourself if your relationship ends.

Working with a skilled Rockville postnuptial agreements lawyer is vital in preserving the assets you have acquired. One of our firm’s experienced marital agreement attorneys could explain your legal options and how executing a postnuptial contract may help you achieve your goals. Call us today to learn more about how we can offer you guidance.

Defining Postnuptial Agreements

Postnuptial agreements, sometimes called postnups, are marital contracts spouses sign after they legally marry. Couples use these documents to outline their rights and responsibilities regarding their income, assets, and debts should they separate or divorce. In some cases, a postnuptial contract can also spell out a spouse’s intentions in the event of their death.

Without an agreement in place, state law controls property distribution upon divorce. A validly executed contract enables couples to maintain control over property division and other financial issues. As a knowledgeable postnuptial agreement attorney will likely advise, these contracts can provide protection in what may otherwise be uncertain and stressful situations.

What Makes a Postnuptial Agreement a Binding Contract?

Maryland law does not explicitly address the legal requirements for a postnup. Instead, general contract law governs these agreements. As such, they must meet the following standards:

  • The agreement must be in writing and signed by both parties
  • Each party must fully disclose their financial circumstances before entering into the agreement or waive the right to full disclosure
  • Neither party can coerce or unduly pressure the other to sign the contract
  • Each party should have the opportunity to consult an attorney of their choosing
  • The agreement must generally be fair to both individuals

It is essential to note that ‘fair’ in terms of contract law does not necessarily mean that each party receives precisely one-half of the couple’s assets. Instead, the agreement must not be severely biased toward one party. A seasoned Rockville postnup attorney is well-versed in the laws governing marital contracts and could ensure that the agreement meets all legal requirements.

Postnuptial Agreements Resolve Many Marital Issues

When couples contemplate the possibility of a divorce, they may find it challenging to create a plan that adequately addresses all their marital issues. For example, spouses may be uncertain whether they can agree on how to divide the personal property they accumulate during their marriage.

Postnups are an effective way for parties to define how they would like to resolve these issues. Other considerations that arise during a divorce that postnuptial agreements can address include:

Debts are another common source of contention between parties. If one spouse brought significant debt into the marriage, the other party might want to ensure that they are not responsible for those liabilities should the parties separate. A practiced postnuptial agreements attorney in the Rockville area could draft a comprehensive contract clearly defining each party’s liability upon divorce.

Call a Rockville Postnuptial Agreements Attorney to Learn More

You do not need to be fully committed to divorcing to consider a postnuptial contract. A postnup can provide you peace of mind even if you and your spouse remain married.

If you have questions about marital contracts, contact a dedicated Rockville postnuptial agreements lawyer today. Our legal team could ensure that you have a legally valid contract in place should you need it in the future.

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