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Most people are familiar with what a prenuptial agreement is — a contract entered into before marriage that outlines property and other matters in the event of divorce. However, if you didn’t sign a prenup before you got married, it’s not too late to protect your interests. Postnuptial agreements can be entered into at any time during your marriage if your financial situation has changed or divorce is imminent.
If you’re considering a postnup, it’s vital to have a skillful lawyer help craft the agreement and negotiate the terms. At Strickler, Platnick & Hatfield, we have extensive experience handling matters pertaining to marital agreements, including postnups. We will work closely with you to draft a postnuptial agreement that will safeguard your rights and withstand the threat of potential litigation.
Many couples do not enter into prenups because they didn’t think they would need one or they didn’t have significant assets before they were married. However, many things can change since the day you took your marriage vows. A postnuptial agreement is a contract that can be entered into at any point during marriage — and it can address the same issues that a prenup would have determined.
The postnuptial agreement lawyers at Stickler, Platnick & Hatfield can assist you with drafting a postnup that can:
Our postnuptial agreement lawyers will guide you through the process of drafting a postnup that is fair and will hold up in court. Taking a customized approach, we will help you avoid the pitfalls that can invalidate a postnup and ensure the terms are not one-sided. If you were presented with a postnup by your spouse, we will help you understand the consequences — including how it could impact any property rights you would otherwise have in divorce.
While postnuptial agreements can be signed in anticipation of divorce, there are many more reasons a couple might agree to a postnup apart from conflict in their marriage. Certain financial situations might not arise until after a couple is married. For example, a spouse might receive an inheritance, start a business, or incur significant debts during the marriage. These circumstances may warrant taking additional measures to ensure a spouse’s financial security. But regardless of the reason, a postnuptial agreement can only be enforced if it is valid.
In order to be valid, a postnup must be in writing and signed by both parties. The agreement must be entered into knowingly without coercion or duress, and the terms must be fair and reasonable to both spouses. Additionally, both spouses are required to provide full financial disclosure. Whether they have been married for one year or two decades, each spouse must disclose their assets, debts, income, and any relevant aspects of their financial situation — this ensures transparency and prevents a spouse from gaining an unfair advantage over the other.
Our postnuptial agreement lawyer team is skilled in meticulously crafting postnups that are detailed, valid, and enforceable. No matter how complex your financial circumstances are, we will evaluate your situation to create a tailored postnup that aligns with your circumstances and meets your needs.
In certain situations, a postnuptial agreement may be challenged. If it was signed under duress, contains false information, or is unconscionable, the document may be rendered invalid if a spouse tries to enforce it during divorce proceedings. At Strickler, Platnick & Hatfield, we are adept at representing our clients in connection with contested postnuptial agreements. Whether you are the spouse who seeks to enforce or contest the document, we will develop a strategy to achieve the results you need.
Importantly, once you have a postnuptial agreement in place, it can be modified at any time if you and your spouse agree. If your financial situation continues to evolve, we can assist you with implementing the necessary changes in your agreement with your spouse. Similarly, if you drafted a prenup before you were married, and certain circumstances were unaccounted for, we can work with you to create an agreement that will reflect your current situation.
If you are considering entering into a postnup, it’s essential to have a knowledgeable attorney by your side who can ensure your agreement is legally sound. At Strickler, Platnick & Hatfield, we provide trusted representation for a broad scope of matrimonial matters, including those involving prenuptial and postnuptial agreements. We invite you to contact us online or call (240) 222-5652 to schedule a consultation to learn how we can assist you.
We practice in Maryland, Virginia, and Washington, D.C.
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