Beltway Lawyer Drafts Prenuptial and Postnuptial Agreements

Firm helps Maryland and Washington, D.C. clients protect their interests in the event of a divorce

At The Law Office of Michael A. Troy PLLC, we offer comprehensive counsel on prenuptial and postnuptial documents to Maryland and Washington, D.C. clients. Attorney Michael A. Troy is a respected family lawyer who knows how difficult and potentially costly marriage dissolution can become when there are disagreements over issues such as property division and alimony. By drafting an agreement that complies with the relevant laws, we can help you establish clear, equitable terms to safeguard your interests. 

Issues that can be addressed in a prenuptial agreement

No one goes into marriage expecting a divorce, however, anything can happen. By crafting a legally sound premarital agreement, you can avoid uncertainty relating to such matters as:

• Property division — Nearly any asset that either spouse brings into the marriage becomes marital property. There may be questions about investments or other assets acquired by a husband or wife before the marriage, especially if they increase in value. We make sure that it is clear which items are separate property and not subject to equitable distribution.
• Alimony — The question of how much money one ex-spouse should pay the other after the marriage ends can trigger serious conflicts, especially if one party earns much more than the other.
• Personal items — Should a case go to court for an equitable distribution decision, it is vital to make sure the judge has a true understanding of the value that each spouse puts on certain items.

Parenting issues such as custody and child support cannot be influenced by a prenuptial or postnuptial agreement. However, by cutting off possible disputes over financial terms, a strong agreement can help parents concentrate on what’s in their children’s best interests.

Benefits of completing a prenuptial document

There are many reasons why you might want to put a prenuptial agreement in place with the guidance of an experienced family lawyer. Haggling over property division terms can make a divorce longer and more expensive. In some cases, spouses are afraid to leave a failing marriage because they are worried about possible financial hardship following a divorce. If you own a business, have children form a previous relationship or are concerned about losing your retirement benefits, a prenuptial or postnuptial agreement might be a particularly good idea.

How to negotiate a premarital agreement

A prenuptial agreement does not indicate a lack of trust. It is wise to protect yourself and your assets should your marriage end in divorce, as approximately half of marriages do. When handled correctly, reaching consensus on post-divorce financial issues is a positive experience that could one day benefit both parties. During negotiations, it is critical to be honest about your finances, as a judge could rule that the terms of a prenup do not apply if one of the parties lied or withheld key information.

Making sure your prenup can be enforced

Like other contracts, prenuptial and postnuptial documents are not enforceable if one party only agreed due to fraud, duress or lack of capacity. Moreover, courts have recognized that marital agreements may be unduly influenced by emotion or tainted by a distinct difference in sophistication between parties. To be sure that the agreement will be considered valid if it ever needs to be put into effect, both signers might want to consult with their own legal counsel before going forward. We guide clients toward language that is reasonable from either side’s perspective so that a judge is more likely to uphold the agreement’s terms during a divorce.

Contact an experienced family law attorney serving Washington, D.C. and Maryland for a free consultation

The Law Office of Michael A. Troy PLLC in Greenbelt provides comprehensive counsel on prenuptial and postnuptial agreements to clients in Maryland and Washington, D.C. Please call 202-864-2296 or contact us online to set up a free initial consultation.