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Is It Too Late For A Postnuptial Agreement?


Most people are familiar with a prenuptial agreement but not a postnuptial agreement. A postnuptial agreement is a contract that you create with your spouse indicating how the property will be distributed in the event of a divorce. One of the reasons you need a divorce attorney is to help you draft a prenuptial agreement with reasonable terms and conditions. The difference between this and a prenuptial agreement is that you sign this once you are already married.

Both parties need to consult with a divorce attorney in Charles County lawyer before signing such a contract. Remember that the terms and conditions of a postnuptial agreement are valid and enforceable. You do not want to find out that you signed something that was not favorable to you. The lawyer will help draft the agreement and ensure your demands are listed.

It is never late to draw a postnuptial agreement as it can be drafted any time in the course of your marriage. Therefore, even if you have been married for 20 or more years, your lawyer can still help you create the agreement, and it will be valid.

The Purpose Of A Postnuptial Agreement

Most of the time, postnuptial agreements are drawn when the marriage is strained. Even though both parties are ready to fight for the marriage, they will still want to protect their assets just in case the situation does not get better. One may also need a postnuptial agreement if something significant has happened in the marriage and the assets of one or both parties need to be protected. You can talk to the best divorce lawyers in Charles County MD, and find out what is the best way to protect your assets.

A common instance that can make one request a postnuptial agreement is after receiving a significant inheritance from a loved one. One partner making terrible financial decisions or engaging in risky behavior are some of the other reasons that may necessitate the need for a postnuptial agreement. For whatever reason you have, as long your divorce attorney Charles County has written the agreement correctly, no one will question the validity of your agreement. And should the marriage end up in a divorce, the terms of the postnuptial contract will be enforced by the court.

What To Include In A Postnuptial Agreement?  

There are a lot of things you can include in a postnuptial agreement. Basically, you can put whatever you want. The only issue is that the judge may throw out the agreement if it is found to be unfair or if it was entered under coercion or duress. When you want to draw up the agreement, consult with divorce lawyers in Charles County for assistance in putting together a valid postnuptial agreement.

Here is what you can include in the postnuptial agreement.

  • How the assets will be divided between spouses in case of a divorce
  • Which party is responsible for various debts like a student loan
  • The separate spouses’ property that cannot be counted as marital
  • The custody arrangements for the children
  • Whether one spouse will be seeking spousal support or alimony once the marriage is over

One of the reasons you would want to retain divorce lawyers in Charles County MD, is because a prenuptial agreement can also be deemed invalid. Here are some of the reasons that could invalidate it:

  • The agreement was entered under false representation
  • One spouse was pressured to sign the agreement
  • Unequal bargaining power between the parties
  • Contains incomplete or false information
  • The agreement is unfair to one party

How An Attorney Can Help

One of the ways a divorce attorney in Charles County MD can help is by drawing up the contract for you. You need help in this because self-interest will always get in the way when you are drawing the contract by yourself, which can lead to conflict. Another way a lawyer will help you is by ensuring that the agreement is fair. You want to ensure that your interests are considered in the contract.

If you are looking for divorce lawyers Charles County MD to help you in drawing a postnuptial agreement, you can get in touch with the Law Office of Robert Castro. We have a team of skilled family lawyers that will ensure your interests are protected in a postnuptial agreement.

 

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