3 Times You Should Consider a Post-Nuptial Agreement

Who says married couples can’t get a prenup? Actually, many people who have been married for years choose to execute written marital agreements. Of course, in a perfectly happy marriage, it may be a bit troubling if your partner approaches you to ask for a postnuptial agreement. Nevertheless, there are times when it might make a lot of sense.

Call The Law Offices of Todd K. Mohink, P.A. if you are considering a pre- or post-nuptial agreement.

#1 – The Near-Divorce

Sometimes couples have marriage problems and start a divorce, only to eventually reconcile. When this happens, it can leave a lot of fears and worries in the wake. While the couple may make-up and stay together, family members and friends alike may wonder what could happen if things went south again. These fears are justified. It would be wise to take the opportunity to reassess many of the issues that led to the divorce in the first place and look for a way to resolve them now in writing.

#2 – Pending Inheritance

A true inheritance is usually not considered part of the marital estate in a divorce. So, if you inherit money or heirlooms from a parent or grandparent, those are generally not considered part of your marital estate. The exception is where those funds are commingled with personal assets. Therefore, if you are expecting to come into “family money,” it’s probably a good time to have an earnest discussion about expectations if there were a divorce.

#3 – Late Life Marriages

Sometimes called second marriages, if you have children from a prior relationship who are grown, and you have remarried someone later in your life, you may want to have a candid discussion about what happens if you divorce. This does not have to be a difficult discussion. Sometimes it can be helpful to just address the concern through the lens of wanting to protect your children should anything ever go wrong. Maybe you had a substantial income with large savings before marriage. If you got divorced, you would want to make sure your children are the primary beneficiaries of your life’s efforts.

Final Considerations

A lot of people think that drafting a prenup or post-nuptial agreement is like admitting your marriage will fail. But this is like saying buying car insurance means you are planning to have an accident. In the end, you can never predict the future. No matter how certain or confident you are that your marriage will be the one that lasts, there’s just no way to know what the future holds.

How a Lawyer Can Help

Maryland divorce lawyer Todd K. Mohink has spent decades advising couples through property division and divorce issues. These years of experience have given him the ability to help clients prepare their marital agreements in a way that will reduce disputes and encourage amicable resolutions. If you need help building a postnuptial agreement or a prenup before getting married, call the Law Offices of Todd K. Mohink, P.A. today.

With offices in Anne Arundel and Howard Counties, we make it easy to get the advice you need when and where you need it.

Resource:

mgaleg.maryland.gov/2019RS/Statute_Web/gfl/gfl.pdf

https://www.marylandlawhelp.com/moving-after-a-divorce/