Postnuptial Agreements

What is a Postnuptial Agreement in Maryland?

A postnuptial agreement, also known as a postmarital agreement, can be entered into by a couple at any time during their marriage. If circumstances have significantly changed since the signing of a prenuptial agreement, many couples choose to replace it with a postnuptial agreement. Work with an experienced postnuptial agreement attorney at the Law Offices of Ellen L. Lee to safeguard both your interests and those of your spouse.

Who Needs a Postnuptial Agreement?

Consider a postnuptial agreement if any of the following applies and you don’t have a prenuptial agreement:

• Your financial status has changed significantly
• There is a dispute regarding your finances
• You are starting a business
• You want to establish how assets and debts would be divided in case of divorce

A postnuptial agreement can serve as a blueprint for divorce agreements for some couples, while others find that resolving difficult issues strengthens their marriage. However, it’s important to note that postnuptial and prenuptial agreements only address property rights. Child custody, child support, and visitation must be determined based on the interests of the child under Maryland law.

What Issues May be Included in a Postnuptial Agreement?

Similar to prenuptial agreements, postnuptial agreements in Maryland can cover various issues such as:

• Spousal support (alimony)
• Property division: division of assets, including real estate, personal property, bank accounts, investments, and debts
• Life insurance, health insurance, and retirement benefits
• Income tax issues

It’s necessary to have separate attorneys for each spouse when pursuing a postnuptial agreement. This helps to ensure that the interests of both parties are protected.

What Factors Might Serve To Invalidate a Postnuptial Agreement in Maryland?

In Maryland, a postnuptial agreement can be invalidated under several circumstances:

• A postnuptial agreement may be deemed invalid if it was not executed voluntarily, indicating that one party was coerced or pressured into signing.
• If there’s an absence of fair and reasonable disclosure of the property or financial obligations of the other party, the agreement may be deemed unenforceable. Each party must have a clear understanding of the agreement’s terms and the impact of those terms on their rights.
• If the agreement is unconscionable, meaning excessively unfair or unjust, it may be invalidated. For example, if the agreement leaves one spouse with virtually nothing while the other retains the majority of assets, a court may find it unconscionable.
• The agreement could be deemed invalid if either party did not have access to independent legal advice before signing. This ensures that each party fully understands the agreement implications.

An experienced Maryland postnuptial agreement attorney can provide you legal counsel and help you to draft a postnuptial contract to protect your interests after you are already married. If you have an earlier prenuptial agreement, modifications to such a contract after you are married would make it into a postnup agreement.

Do Postnuptial Agreements Remain Valid and In Effect If You Divorce in Another State?

Postnuptial agreements, like prenuptial agreements, are generally enforceable across state lines due to the Full Faith and Credit Clause of the U.S. Constitution.

If a couple with a Maryland postnuptial agreement divorces in another state, the agreement should remain valid and enforceable as long as it was valid under Maryland law when it was executed. However, the specific laws and interpretation of postnuptial agreements can vary from state to state, which may affect how the agreement is enforced.

On the other hand, if a postnuptial agreement was created in another state and the couple divorces in Maryland, the agreement should be valid if it was valid under the laws of the state where it was created. Maryland courts will typically enforce such agreements as long as they meet the basic requirements of contract law.

Regardless, it is always advisable for individuals to consult with an experienced Maryland postnuptial agreement lawyer if facing a divorce in a different state than where their postnuptial agreement was executed, as the specifics can vary widely and depend on individual circumstances.

Consult Our Maryland Law Firm for Help with a Postnuptial Agreement

Before signing anything, consult with the Law Offices of Ellen L. Lee at (301) 279-0692(301) 279-0692 or contact us online. Located near the Rockville Courthouse, our law office assists clients in Montgomery County and throughout Maryland. Don’t hesitate to reach out with any questions or concerns you may have.

We offer multiple options for our initial information-gathering session to suit your preferences and needs. You can choose to meet with us in person at our boutique law office in Rockville, Maryland, or opt for a Zoom video conference or phone call. We understand the importance of flexibility and offer evening and weekend appointments for your convenience.