Maryland Postnuptial Agreement Attorney
Sometimes, after a couple gets married, situations may arise that make it necessary for them to consider entering into an agreement as to the disposition of their property should they separate or divorce. Often this is done after something significant like infidelity or other breach of trust has occurred in the marriage.
However, there is no requirement for any specific reason to allow a married couple to enter into a postnuptial agreement. Whatever your reason for wanting a postnuptial agreement, you should speak with an experienced family law attorney who understands the legal requirements and can protect your interests.
If you need a Montgomery County, Maryland postnuptial agreement lawyer with the skills and experience to protect your interests in a postnuptial agreement, contact us online or call (301) 315-0001 to speak to an attorney. Your initial consultation is free, so call us today and schedule an appointment.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract between a married couple that sets out the rights, duties, and responsibilities of the parties during their marriage, and upon termination of the marriage either through divorce, separation, or death.
Just like a prenuptial agreement, it can cover issues relating to:
But no term in the agreement can prevent either party from filing for a divorce.
Can a Postnuptial Agreement Be Voided?
A postnuptial agreement is like any other contract between two parties. A contract is a negotiated agreement as to terms between two parties.
Sometimes the balance of power may tilt the terms in favor of one party over the other, but the courts will generally uphold the terms of a signed agreement as long as it was voluntarily entered into by the parties.
The courts will only interfere in a postnuptial agreement and modify some terms under limited circumstance including:
- To protect the interests of a minor child; and
- Where there is evidence that the agreement was entered into by fraud, mistake, undue influence, or duress.
How to Make Sure Your Postnuptial Agreement Will Hold Up in Court
If any disputes arise from provisions of a postnuptial agreement, it is most likely such disputes will be settled in court. The court will give meaning to the words in the agreement.
This is why it is very important that your postnuptial agreements are written by an experienced family law attorney so that the words in the agreement are true to your intentions. A wrongly worded postnuptial agreement can defeat the purpose of the agreement and work against you in the event of a dispute.
If you need legal assistance with a postnuptial agreement, it is advisable that you consult with an experienced postnuptial agreement lawyer.
Contact a Postnuptial Agreement Lawyer at Shah & Kishore
At Shah & Kishore, our goal is to represent our clients’ best interests and to reach a solution in the most amicable way, if possible. To find out more about postnuptial agreements and how we can help you, call our Maryland family law attorney at (301) 315-0001 to schedule a free consultation.