Just like prenuptial agreements, postnuptial agreements are legal documents that enable spouses to plan for a divorce. In Maryland, the rate of writing a postnuptial agreement is rising. The agreement is made to define property gained during and before the marriage. Additionally, postnuptial agreements protect a spouse from debt incurred before the marriage. In case of a divorce, the agreement defines the division of the marital property.
The document is also used to determine spousal maintenance. The only difference between a prenuptial agreement and the postnuptial agreement is that the former is written before the partners get married. The latter, on the other hand, is written after the marriage.
Reasons for writing a postnuptial agreement
The main reason that people write a postnuptial agreement is that they ignored writing a prenuptial agreement. A prenuptial agreement legally binds two people who are set to get married. The rights and obligations of each person are included in the document. Although the document does not replace a will or other estate documents, it includes arrangements for property division if one spouse dies. If you neglect writing a prenuptial agreement before marriage, a postnuptial agreement will serve the same objectives.
Many couples who divorce complain that their partner changed in the course of the marriage. Creating a prenuptial agreement gives you the right to confront your spouse on the behaviors that contradict the document. Most of these disagreements are caused by financial matters, which are some of the leading causes of divorce. To be on the same page after marriage, a postnuptial agreement will help establish the rules and common financial goals.
When there is a case of marital misconduct, a postnuptial agreement can help bring a solution. Drug addiction and having an affair are the leading causes of marital misconduct. In such cases, the postnuptial agreement may motivate the partner to become better since it can outline the repercussions of their bad behavior.
Do you want legal options to protect you in case of divorce? You may want to contact an attorney for a consultation.