Postnuptial Agreements Lawyer in Rockville

Trusted Family Law Attorney Protecting Your Interests in Rockville, MD

Postnuptial agreements are not utilized nearly as often as they should be. Part of the reason for this is that while everyone is familiar with the concept of a prenuptial agreement, a lot of people are unaware that it is not too late to create one after you have said your vows. When this type of contract is signed after a couple is married, it is simply called a postnuptial agreement. If you do not have a prenuptial agreement, or if your financial situation has changed significantly since you created it, you and your spouse can create one now. A postnuptial agreement can do anything a prenuptial agreement can, and carries the same limitations.

It is important for each party to be represented by his or her own attorney while you are creating your postnuptial agreement. You deserve your own legal advocate who understands the law well and can make sure you are well-protected. Even if you and your spouse are enjoying a fantastic marriage, it is always a good idea to have your own lawyer when signing a legally binding contract. Diamant Gerstein, LLC offers thoughtful, hands-on representation.

What You Can and Cannot Include in a Postnuptial Agreement

You and your spouse can use your postnuptial agreement to agree on:

• How you would divide your marital assets during divorce - Deciding who would keep the house, how you would divide your investments, and who would be entitled to various items of value is normally one of the main issues a postnuptial agreement addresses.
• Whether one of you would pay alimony - Whether one spouse must pay alimony, and if so, how much, is often a major point of contention during a divorce. You can decide now whether the lower-earning spouse would be entitled to alimony if you got divorced.
• Which assets are separate property - After years of marriage, it is not always clear who owns what. Even when one spouse owned a certain asset or had savings before marriage, married people tend to co-mingle their assets. You can use a postnuptial agreement to set aside separate property.

You cannot use a postnuptial agreement to control:

• Child custody - Child custody issues have to be decided at the time of the divorce and based on the best interests of the child. Either parent's circumstances or the needs of your child could change between now and the time you get divorced years later. A co-parenting plan that may seem ideal now may not be desirable or even safe for the child in the future.
• Child support - The law is that children are entitled to receive support from both their parents, not that parents have the right to financial support from their co-parents. Parents cannot alter their child's right to support by contract.

What if We Want to Change Our Agreement Later?

You and your spouse are free to revoke, change, or rewrite your postnuptial agreement by mutual consent whenever you would like to. As long as you both freely agree to the change, your attorneys can help you make the changes you want. Married couples often update the terms of their postnuptial or prenuptial agreements to reflect changes in circumstances. For example, if you were renting when you got married and just bought a house, you might want to add a term deciding who would keep the house if you got divorced.

You might also want to update your agreement if there is a drastic change in one of your incomes, if one of you becomes disabled, or even if you get a companion animal that one or both of you are particularly attached to.

Contact a Rockville, MD Postnuptial Agreements Lawyer

At Diamant Gerstein, LLC, our lawyers always answer their own phone calls. You will never have to wait for a receptionist or assistant while trying to reach your attorney. Our hands-on Rockville, MD postnuptial agreement lawyers will work closely with you to make sure that your contract protects your interests. Contact us at 301-560-2685 for a confidential consultation.