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Marriage binds couples together financially as well as emotionally. A prenuptial agreement — and the discussions that inform it — can help ensure the financial well-being of a marriage or domestic partnership. Tucker family law attorneys are experienced in facilitating these conversations, providing counsel, and drafting agreements to serve the specific needs of your relationship.
Whether you’re the one wishing to have a prenuptial agreement or the one who has been asked to sign one, our Maryland, Virginia and DC family law attorneys can help you carefully evaluate every issue and create a comprehensive document that reflects your unique goals and vision as a couple.
What Is a Prenuptial Agreement?
A prenuptial agreement (or "prenup") is a contract between two people executed before marriage that spells out how assets and income will be distributed in the event of divorce or death — so discussions and negotiations can be challenging. With decades of combined experience developing prenup agreements, our attorneys are adept at guiding this delicate process and keeping friction to a minimum. We help our clients:
- Plan in advance – an agreement should be discussed and negotiated long before marrying or entering a domestic partnership
- Fully comprehend all the risks, benefits and potential consequences of a prenup, including how it alters rights you might otherwise have
- Construct formal agreements that reflect and clarify your terms for determining property and support rights in the event of separation/divorce or upon the death of a spouse during the marriage
Do I Need a Prenup?
Prenup agreements provide clarity about how assets will be divided if the marriage comes to an end through divorce or death. Without a prenup, the laws on marital property and spouse’s rights that exist in your jurisdiction would govern how assets are divided and support provided.
You will want to consider a prenuptial agreement if you:
- Have substantial family wealth (or expect to come into it during the marriage)
- Will be receiving gifts or inheritances that you would not want to be shared if the marriage fails
- Want to be sure that rights will be uniform wherever you end up (particularly pertinent for same-sex couples)
- Plan to step back from a career to become a stay-at-home parent and want to ensure adequate compensation for the sacrifice
- Want to avoid disputes in the future and have clarity about the division of assets and other issues if your marriage or relationship does not continue or if a spouse dies
- Want to make sure that your children from a marriage or relationship are provided for as you desire
What Is a Postnuptial Agreement?
A postnuptial agreement (or "postnup") is a contract between a married couple that outlines how assets and income will be divided in the event of a separation, divorce or death. Unlike prenups, postnuptial agreements give couples the opportunity to address or update these matters after marriage.
You may want to consider a postnuptial agreement if circumstances in the marriage or life change, such as:
- Having children
- Becoming ill
- Stepping back from work to become a caregiver
Discreet, Thoughtful Counsel for Your Prenuptial & Postnuptial Agreement in Maryland, Virginia or Washington, DC
Regardless of your reasons for pursuing a prenuptial or postnuptial agreement, our family law and estate planning attorneys have the legal knowledge and experience to guide you every step of the way. We are discreet, objective and skilled in negotiating and creating marital agreements that help increase peace of mind during marriage and ease the transition should it come to an end or should a spouse pass away.