Maryland Postnuptial Agreement Attorney
Most people have heard of prenuptial agreements, which involve a couple signing a contract before they marry regarding the terms of a possible future divorce. A postnuptial agreement is not as well-recognized, but it is similar to a prenup but with one key difference - couples sign it during the marriage instead of before.
If you are married in Maryland and have concerns about whether your rights will be protected should a divorce arise, discuss a possible postnuptial agreement with the Law Offices of Tina Sharma. We can help determine whether an agreement is right for your situation and help you draft one that protects your interests.
Why Have a Postnuptial Agreement?
Spouses have different reasons why they want a postnuptial agreement. Perhaps they regret not entering into a prenuptial agreement, or maybe their circumstances have changed, resulting in new concerns.
Some circumstances that might lead to a postnuptial agreement include:
- One spouse wants to protect an expected future inheritance
- A spouse wants to provide for children from a previous marriage
- One spouse has greater wealth than the other
- One spouse decided to halt a career to care for the household
- One spouse has high personal debts, such as student loans
Terms can include maintaining certain property as separate in a divorce, ensuring one spouse receives alimony, and more.
This contract does not usually address expected conduct during the marriage, but instead, each spouse’s rights in the event they decide to divorce. Mostly, these agreements protect the financial interests of each spouse to ensure they have fair outcomes of a divorce, given their circumstances.
Requirements for a Valid Postnuptial Agreement
Like a prenup, a postnuptial agreement cannot - or should not - include certain terms. Spouses also must meet certain requirements for the agreement to be enforceable as part of a divorce. Consider the following:
- An agreement cannot contain provisions that limit one parent’s rights to child custody.
- The terms of the agreement must be fair and must not leave one spouse with a windfall while the other faces financial hardship.
- The agreement cannot include terms that encourage divorce.
- Each party must provide full and honest disclosure of their financial situation, so both spouses enter into the agreement fully informed.
- Neither spouse can sign the agreement due to coercion or another involuntary influence.
- Each spouse has the opportunity to consult with their own postnuptial agreement lawyer (or waives this opportunity) before signing the agreement.
You want a lawyer on your side for multiple reasons. First, you want to make sure the proposed agreement terms are fair to you. Next, you want to ensure your agreement is drafted in a manner that will be enforced by the court in a divorce case.
Learn More from a Maryland Postnuptial Agreement Lawyer
At the Law Offices of Tina Sharma, we will review your situation and help you decide whether you should enter into a postnuptial agreement. We can then draft or review an agreement with your rights and interests in mind. Contact us for a consultation today.