A Maryland postnuptial agreement lawyer can provide you with legal representation if you are married and you want to create an agreement with your spouse about what could happen if you separate or if one of you passes away. Having a post-marital agreement in place can give you peace of mind and can provide important protection in case your family changes in unexpected ways. Allow an experienced marital agreements attorney to assist you through this process.
How a Postnuptial Agreement Lawyer in Maryland Can Help You
A lawyer in Maryland can provide you with assistance in determining what to include in a postnup agreement. A postnuptial agreement is similar to a prenuptial agreement, in that both kinds of contracts are made with your spouse and generally address issues related to finances, assets, support and/or property. The main difference is, a prenuptial agreement is made before you are legally married, and a postnuptial contract is made after.
A postnuptial contract must be drafted in accordance with state law and you will want to ensure it contains all provisions necessary to protect you upon separation, death, or divorce. A local lawyer could also help you to negotiate the terms of the contract with your spouse, as you both must agree. Legal counsel could also help draft the agreement, follow the laws, understand the rights you are getting and giving up by signing, and otherwise advise you through the entire negotiation and signing process.
Enforceability of Postnuptial Contracts
Postnuptial contracts may be legally enforceable provided they follow standard rules of contracts. The agreement must be in writing; full disclosures must be made by both spouses about issues relevant to the contract; and the contract cannot be entered into because one spouse is defrauded or is coerced into signing.
These types of agreements can address most of the issues that would arise if a couple divorces, such as spousal support and property division. However, the right of a child to child support cannot be waived in a postnuptial agreement and there are certain other limitations on what the contract can include as well.
While your contract may not specify every detail of a divorce, it is better to address most of the relevant issues when you are getting along and can compromise and work together, rather than waiting until you are going through a contentious divorce.
A postnuptial contract may be created any time after you are married. However, it is common for people to create these types of contracts when they do estate planning, if one spouse starts a business, or if one spouse quits his or her job or moves locations to support the career of the other spouse. There is no wrong time to enter into a postnup, and a lawyer in Maryland could help a couple through the legal process.
Getting Help from a Maryland Postnuptial Agreement Attorney
A Maryland postnuptial agreement lawyer can provide you with assistance in understanding how the law applies and can guide you through the entire process of creating and enforcing such a contract. Many people can benefit from having a postnup contract in place, and you should find out how this contract can protect your interests. To learn more, call the firm today.