Pre/Post-Nuptial Agreement Attorney in Rockville, MD

Fait & DiLima, LLP can assist couples in crafting pre/post-nuptial agreements to protect their financial interests.

What Are Pre/Post-Nuptial Agreements and What They Do

Obviously, if divorce discord can be prevented, that’s the ideal solution. This can be done with prenuptial and post-nuptial (after the marriage) agreements, which allow the parties to enter into a marriage with a clear understanding of their financial responsibilities.

A pre-nuptial agreement is a legal and binding contract between two people who are about to get married (or “postnup” – who are already married). The document dictates how properties and assets will be divided, should a divorce occur in the future. The prevailing notion is that pre/post-nuptial agreements are only for the wealthy, but they are for any couple wanting to bypass messy negotiations if divorce happens.

Under Maryland law, there are specific items that can be covered in these agreements:

• Details about which spouse can receive support or alimony
• What assets will be considered separate vs. marital (jointly owned)
• The distribution of any properties owned jointly

When to See an Attorney

Talk to us about a prenuptial agreement if:

• You are not sure if you need one
• You would like to draw one up
• You are seeking a divorce when you have a prenup in place
• You think the prenup is invalid

Requirements for Pre-nuptial & Post-nuptial Agreements

• Written, not oral agreement
• Voluntary, not coerced agreement. The contract would become void if there is evidence of force or coercion arises
• Fair and equitable
• Coverage of all assets and liabilities: e.g. income and real estate
• Full and truthful disclosure
• Access to legal advice for both parties

Changing the Agreement

An amendment can be added to the prenuptial or post-nuptial agreements after signing. The only requirement is that both parties agree to it. Like the original agreement, it must be signed and notarized. Changes typically occur if:

• The couple introduces new assets into the marriage
• There is a financial change in the status of one or both parties
• The status of the relationship shifts, such as in the event of having a child

The advantage of having an attorney draft the amendment is to ensure it is crafted within the confines of the law.

Pre/Post-Nuptial Agreement Attorneys

Fait & DiLima, LLP has a team of experienced pre and post-nuptial agreement attorneys. We are knowledgeable about the laws governing these types of contracts in the state of Maryland.

The advantage of having an attorney is the ability to ensure that the agreement is crafted correctly and within the confines of the state laws.

If you need to talk to an attorney for a consultation about your pre or post-nuptial agreements, contact Fait & DiLima, LLP today.

Client Testimonial

“I recently had the daunting task of getting a prenup made for my recent engagement. I was very overwhelmed and confused about the process, but Marjorie made an uncomfortable situation easy to understand and process. We came to an excellent agreement that benefits everyone involved, and that is all because of Marjorie’s expertise. I highly recommend her to anyone who needs a prenup agreement! Side note: everyone should get one. Lol”

Resources

Common Pre/Post-nuptial Agreement Questions Answered