Prenup & Marital Agreements
When a marriage dissolves, the aftermath may be messy. Prenuptial agreements and marital agreements help establish the division of marital property, maintenance and alimony, as well as transfer and use and possession of the home. We help couples take steps to protect themselves, their property, and make plans in case the relationship takes a bad turn.
Prenuptial & Other Marital Agreements
We help clients prepare a variety of domestic relations legal agreements. Each situation is unique, so the type and the scope of the agreement are specific to each client. Outlined below, are just a few of the agreements that we commonly prepare.
Prenups are one of the most frequently requested family law instruments. A core benefit of a prenup is that each party understands their rights from the outset. A prenup can help eliminate the costly battles that often occur when a marriage dissolves. Our family law attorneys will help you negotiate and prepare an agreement that protects your interests and addresses your unique concerns going into a marriage. In cases where we were not involved with the preparation of the prenuptial agreement, we are often asked to evaluate these agreements during the divorce to help invalidate or overturn them.
Voluntary Separation & Property Settlement Agreements
Many marriages dissolve by agreement with minimal contention. When both parties agree, in principle, to the separation and the division of property, then the terms will need to be established and formalized in a legal document. This agreement will be binding to individuals, one’s heirs, surviving kin, and assigns. We represent many clients in this type of situation. We can help negotiate the terms of an agreement, advise you on a reasonable position protecting your best interest, and create or finalize the agreement with the opposing attorney.
Sometimes spouses reconcile after a separation. Quite frequently this is based on either party agreeing to stop behavior that was damaging to the relationship. However, reconciliation might not be ultimately achieved because it is being pursued by one of the parties purely for tactical purposes. In this instance (as well as in other cases) a Post-Nuptial Agreement offers a solution. This type of agreement establishes terms for reconciliation and may also establish the terms for separation, including addressing support and property issues, if the reconciliation fails. It serves to detect the party with motives other than reconciliation, while providing peace of mind to the party truly seeking reconciliation by eliminating the uncertainty of divorce and separation. Thus, it also gives the parties the ability to focus on reconciliation rather than on the implications of failure to reconcile.
Of course, these are only a few examples of agreements that can be developed to protect your interests. They can also be used to avoid problems. Separation agreements help avoid future claims of abandonment especially when custody is involved.
If you are struggling with a family law issue in Maryland or D.C., contact us so we can have a conversation. Our attorneys can advise you on the way forward and, should you choose to retain our firm, help resolve the matter in the best possible manner.