Pre- and Post-Nuptial Agreement Attorney in Rockville, MD
Fait & DiLima, LLP can assist couples in crafting pre-and post-nuptial agreements to protect their financial interests.
Pre and Post-Nuptial Agreement Attorney in Rockville, MD
A pre or post-nuptial agreement is a legal and binding contract between two parties who are about to get married. It is an agreement between the couple dictating how their properties and assets are divided, if they end up getting a divorce.
The purpose of both pre and post-nuptial agreements are the same. They provide a guideline of what will happen to the properties owned by the couple after the divorce. The difference between the two is when they are created.
Pre-nuptial agreements are made before the marriage takes place. Post-nuptial agreements can happen afterward.
Who Needs Pre- and Post-Nuptial Agreements?
The prevailing opinion is that pre-and post-nuptial agreements are only for the wealthy. However, couples coming from any socio-economic background can benefit from drawing up such a contract. For one, it bypasses messy negotiations if you get divorced. There is a clear understanding between the couple before marriage or right after.
Contact us at Fait & DiLima, LLP if you need to consult with an experienced pre-and post-nuptial agreement attorney. Our team is ready to provide you with counsel.
What Can Maryland Pre- And Post-nuptial Contracts Do?
The laws of other states govern what couples can place into their pre-and post-nuptial contracts. Maryland is different because the state does not have a specific statute governing this. It is covered by contract laws instead.
With that, there are several things that a pre-or post-nuptial contract includes, such as:
- In the event of a divorce, the contract will dictate the distribution of the properties owned by the couple.
- The contract can include details of which spouse can receive support or alimony in the event of a divorce.
- What asset will be considered separate, and which is marital.
Identifying separate and marital assets is a crucial part of property division. Addressing it early on can help with the overall divorce process.
Couples can have almost any detailed plans or understanding if they get divorced. However, issues related to child support are usually not permitted.
Requirements For Pre- And Post-nuptial Agreements
The requirements to create a pre or post-nuptial agreement are:
- A written contract should be in place. Oral agreements are not valid in the state.
- Both parties should come into an agreement voluntarily. The contract would become void if evidence of force or coercion was used to get one or both parties to sign.
- The contract should be fair and equitable.
- Pre- and post-nuptial contracts should fully disclose all assets when both parties enter the agreement. These include all income, real estate properties, assets, and the liabilities of each party involved.
- The contract should go through the legal procedure. Both parties need to sign the contract, and it should be notarized.
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Why Choose Fait & Dilima, LLp?
- Decades of Experience – Established in 1979, the firm has over 30 years of experience helping the people of Maryland with family law issues.
- Dedicated Team – Our team focuses on your best interest by giving a personalized approach to your situation. Together, we will work towards your goal.
- Understanding and Empathic – Having handled many family law and divorce cases, our lawyers are empathic and understand your situation well. We know what you are going through and will guide you through the legal process.
Changing Pre- And Post-nuptial Agreements
An amendment can be added to the pre- or post-nuptial agreement after signing. The main requirement is that both parties involved agree on making the change.
Changes typically happen 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 couple changes, such as in the event of having a child
To modify the contract, you will need to file an amendment. That is a written document added to the current pre and post-nuptial contract.
Pre- And 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.
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When divorce and other family law issues must be resolved, there are no substitutes for an attorney’s experience and dedication to client satisfaction. The Frederick and Rockville divorce lawyers of Fait & DiLima, LLP have more than 100 years of combined experience and an unmatched commitment to help individuals and families navigate challenging times.
Contact the Rockville and Frederick family law attorneys of Fait & DiLima, LLP today to schedule a consultation and discuss your legal needs. Fill out the contact form or give us a call. We have offices in Rockville and Frederick; both are conveniently located near the courthouses.