Unlike prenuptial agreements, postnuptial agreements get drawn up after you marry your spouse. There are many reasons that one or both spouses would consider entering into a marital contract. From resolving marital differences to addressing financial worries while still working on their union, postnuptial agreements can provide a sense of security for some couples. Outside of relationship issues, you may be considering this type of contract because your spouse is planning to create a business that you fear is too risky. A postnuptial agreement can help protect you against some liability by detailing who holds the risk for future claims against the venture.
At The Law Offices of Thomas Stahl, we believe in the spirit of compromise throughout marriage and feel that each spouse has the right to look out for their own financial future. For over 13 years, our family law attorneys have assisted Maryland and DC couples in creating amicable agreements pre-and post-nuptials to protect their rights in challenging times in the relationship.
As marital property states, Maryland and DC take both the husband and wife’s assets and divides this property equitably between both parties should they divorce regardless on how it is titled. A Postnuptial agreement, much like a prenuptial agreemnet, can help safeguard some assets against this process so long as the contract is equitable. Spouses also rely on postnuptial agreements to protect a new family business, minimize debt liability brought on by their partner, or clarify their financial responsibilities during their marriage.
The primary difference between these two marital contracts is that couples create a prenuptial agreement before marriage and enter a postnuptial agreement after saying “I do.” Postnuptial agreements were usually unenforceable until recently, but since states had begun adopting “no-fault” divorce laws, these have become more widely popular.
Like prenuptial agreements, both parties need to have their own attorneys representing their interests during the negotiation process. However, one spouse can have their attorney draw up the initial agreement.