While prenuptial agreements are made before marriage, postnuptial agreements are created after you’ve said “I do.” Couples may seek postnuptial agreements for various reasons, including:
Resolving Marital Differences: Addressing financial concerns and clarifying expectations while working on the marriage
Protecting Assets: Shielding certain assets from division in the event of a divorce
Managing Business Ventures: Defining ownership and liability in new or existing businesses
Clarifying Financial Responsibilities: Outlining financial obligations during the marriage
Key Differences Between Prenuptial and Postnuptial Agreements
Both prenuptial and postnuptial agreements help couples define property rights and expectations within their marriage. However, the key difference is timing: prenups are created before marriage, while postnups are established afterward.
Postnuptial agreements have gained popularity with the rise of no-fault divorce laws. Like prenups, it’s crucial for each spouse to have independent legal counsel during the negotiation process.
What Can a Postnuptial Agreement Cover?
A postnuptial agreement can address a wide range of issues, including:
Property Division: Identifying separate and marital property
Alimony: Setting terms for potential spousal support
Debt Responsibility: Clarifying who is responsible for specific debts
Death Benefits: Addressing life insurance and other death benefits
Business Interests: Protecting business ownership and limiting liability
Inheritance Rights: Ensuring assets pass to children from prior relationships
Postnuptial agreements cannot address child custody, child support, or visitation rights, as these are determined based on the child’s best interests.
For a postnuptial agreement to be enforceable, it must be fair, equitable, and entered into voluntarily with full disclosure of assets.
Experienced Postnuptial Agreement Attorneys in DC & Maryland
Whether you’re seeking to protect your assets, clarify financial expectations, or address other marital concerns, a postnuptial agreement can provide valuable peace of mind. Our experienced family law attorneys can help you draft a comprehensive and enforceable agreement that safeguards your interests. Contact The Law Offices of Thomas Stahl today for a consultation.
Don’t leave your future to chance. Protect your assets and clarify your expectations with a postnuptial agreement. Contact us today to schedule a consultation with our experienced attorneys.
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