There is more than one way for couples in Rockville to secure their assets when entering into a marriage. Through the use of marital agreements, they can determine how their marital property would be divided in the event of divorce or separation. A skilled family law attorney can help ensure these agreements hold up in a court of law.
A legally valid marital agreement would be incorporated and not merged into a final divorce decree if a couple’s marriage becomes irretrievably broken and they get divorced. A Rockville marital agreements lawyer can help you avoid complications and protect your property rights in case of a future divorce.
What are Prenup Contracts?
A prenuptial agreement is often referred to informally as a “prenup” and is entered into before two parties get married. It can be very beneficial for engaged couples to decide upfront how their marital property should be distributed if a divorce occurs.
Courts treat a couple entering into a prenuptial agreement as having a “confidential relationship.” This is an important distinction that requires both parties to interact and communicate in good faith. The most important aspect of a prenuptial agreement is disclosure. Neither party may hide assets during the negotiation process.
Any person who proceeds with drafting marital agreements without the assistance of a Rockville lawyer does so at their own risk. A judge is not required to offer leniency to a party to a prenuptial agreement if they had the opportunity to consult with an attorney but failed to do so.
Postnup Agreements in Rockville
Postnuptial agreements operate similarly to prenups. The major difference between them is when the agreement is signed. Postnuptial agreements are entered into after the parties are already married. Therefore, married couples have a right to decide the division of their marital property through the use of a legally binding agreement.
Like with prenups, a postnuptial contract could address what is considered separate versus marital property. These agreements could also designate whether spousal support will be provided in the event of a separation or divorce. However, a postnuptial agreement may not address child custody decisions or waive any rights regarding future child support. A knowledgeable attorney could advise a person on whether their marital agreement complies with family laws in Rockville.
For many couples, separation comes before the divorce or even in lieu of marriage dissolution. Separation usually involves a period of time where the spouses live separately and apart. A separation agreement could be used by both parties to set out the financial responsibilities until a divorce is finalized, or even post-divorce.
Speak with a Rockville Marital Agreements Attorney Right Away
While you are entitled to move forward with a marital agreement without legal guidance, it is in your best interests to retain the services of an experienced attorney. The stakes are often high regarding these agreements, and a mistake could cost you dearly.
A Rockville marital agreements lawyer stands ready to help you throughout this process. Call our team right away to schedule your initial consultation.