Frederick Postnuptial Agreements Lawyer

Most of us know about prenuptial agreements, often called prenups. Equally important, but less well known, are postnuptial agreements. A postnuptial agreement is a legally enforceable contract that can secure certain property rights for either spouse while they are still married.

Whether you are trying to protect financial assets and real estate, preserve wealth for children from a previous relationship, or have other reasons to consider a postnuptial agreement, an experienced Frederick postnuptial agreements lawyer can help. Our marital agreements attorneys at Rolle & DeLorenzo can explain your options.

What Is a Postnuptial Agreement?

The key difference between a postnuptial agreement and a prenuptial agreement is that couples enter into a postnuptial agreement after they are married. Sometimes, couples simply choose not to enter into a prenuptial agreement and later recognize a need for a property agreement. Other times, the couple’s assets and liabilities may require them to create an agreement while married.

Without an agreement on property division, couples could find their assets distributed by a court under the state’s equitable distribution laws. Maryland Family Law § 8-205 allows courts to review and distribute marital property in a way they find equitable and fair. However, what a court decides is fair might not align with what couples believe is fair. Postnuptial agreements can help avoid unfair outcomes when couples have certain goals in mind.

Postnuptial agreements can serve important purposes, including:

• Deciding which property will be considered marital property and which will be considered separate property
• Clarifying how the spouses will manage retirement accounts
• Establishing each spouse’s liability for marital debts
• Protecting business ownership interest
• Protecting stakes in family-owned businesses
• Protecting real estate interests other than the marital home
• Setting terms and conditions for spousal support (alimony) if the couple divorces
• Protecting financial interests and estate planning for children from past relationships

A postnuptial agreement can cover many issues, but there are limits. Postnuptial agreements cannot include terms regarding child support or child custody if the parties separate. Our knowledgeable attorneys in Frederick can help you identify the issues you want to address and how best to cover them in a postnuptial contract.

What Are the Legal Requirements for a Postnuptial Agreement?

Like any legally binding contract, a postnuptial agreement has to meet certain conditions to be enforceable in court. For parties to enforce a postnuptial agreement after marriage:

• It must be in writing and signed by both parties
• It must be reasonably fair and not clearly one-sided
• Both spouses must fully disclose their finances to the other before signing
• Neither spouse may use duress, coercion, or pressure to obtain the agreement
• Both parties must have enough time to consult an attorney
• The spouses must complete the agreement during the marriage

If a postnuptial agreement appears unfair, unreasonable, or has other noticeable flaws, the court will scrutinize it closely. A court could declare the postnuptial agreement invalid if the parties do not follow the required rules. To avoid future issues, it is always wise to consult our Frederick legal team about postnuptial contract matters.

Call a Frederick Attorney To Discuss Postnuptial Agreements

Postnuptial agreements can help you deal with difficult concerns about property and finances while you are still married. An effective postnuptial agreement can also help you avoid costly and time-consuming legal disputes in the event of a divorce. To achieve clarity and address important property issues, talk to an experienced Frederick postnuptial agreements lawyer from Rolle & DeLorenzo to explore your legal options. Call us today to schedule your consultation.