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Postnuptial Agreements in Maryland

Our Waldorf Family Lawyer Can Provide Experienced Legal Assistance

While many people have heard of prenuptial agreements, postnuptial agreements are becoming more and more prevalent in modern marriages. According to a survey by the American Academy of Matrimonial Lawyers (AAML), half of all family law attorneys reported a rise in postnups over the past three years. The main difference between a prenup and a postnup is that the latter is entered after the couple gets married; otherwise, both types of documents have similar effects.

At the Law Office of Robert R. Castro, P.A., our Waldorf family law attorney can determine your available legal options and fulfill your needs. Let us help you ensure your best interests are protected in the event of a divorce.

Why Get a Postnup?

Unfortunately, discussing financial matters in the event of a divorce—especially after getting married—can be the least romantic thing you could do. However, the process of finding a common ground of tough issues can help solidify a marriage. Neither a postnuptial agreement nor prenuptial agreement can dictate divorce matters which involve children since the court only decides such cases based on the best interests of the child—only alimony, property division, and debt division issues.

The following are common reasons why couples get a postnup:

  • A significant change in finances – Common examples include you or your spouse got promoted and received a substantial raise, got fired, you started a business, or decided to abandon their lucrative career to raise the family. When one spouse suddenly becomes more financially dependent on the earning spouse, he/she can be more vulnerable in a divorce.
  • No time to draft a prenup – It is time-consuming and extremely demanding when you plan and host a wedding. Couples may not have time to draft a prenuptial agreement during that time, so they wait until they say their vows to discuss their finances.
  • They have children from a previous marriage – A postnuptial agreement could be created to make sure a spouse’s children from a previous relationship receive a portion of his/her assets or inheritance.
  • Amend a prenup – If a couple decides to change the terms of their prenuptial agreement, they can draft an entirely new postnuptial agreement which voids the previous contract to set forth new terms in marriage.

Ready to Create Your Contract Today

If you are contemplating a postnuptial agreement, our Waldorf family law attorney will be happy to look over your assets, debts, and other forms of financial information to draft a contract which addresses your needs and concerns. We also can review a postnuptial agreement you and your spouse drafted to ensure the terms are both fair and legal.

Contact us today and schedule a consultation for more information about postnuptial agreements.

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