Despite what we see in the movies, read in the books and believe occurs all around us, there is no perfect marriage. While happily ever after can be very subjective, the reality is that some marital fights can lead to the couple questioning whether they should call it quits and file for divorce.
No one gets married to get divorced; however, with the divorce rate being around 50%, many marriages in Maryland and elsewhere end in divorce rather than until death do us part. Conversations surrounding the topic of divorce can evolve and cause a spouse to make certain requests, alternatives or even make demands.
Division of property
If finances are a trigger for fights, it is often an issue when divorce is brought up. One, typically the hire earning spouse, wants to maintain the property and assets they believe belong to them. But based on the divorce laws of the state, they make get less than what they would like in the divorce. This tends to be a larger issue for those living in a community property state, which is not the case for Maryland. In Maryland, there is equitable division of marital property.
Fights about possible outcomes could spark a new conversation. One spouse may want to include a postnuptial agreement in their marriage. Because it provides a form of security and protection, this could ease some of the stresses and concerns surrounding finances, property and assets. In turn, this could provide a platform for the couple to stay together and work on their marriage.
Postnuptial agreement basics
A postnuptial agreement is very similar to a prenuptial agreement; however, it is created during the marriage rather than prior to marriage. Additionally, this marital agreement could also detail the responsibilities of each spouse when it comes to their children as well as other obligations in the marriage.
Often, a postnuptial agreement is created to lay out what happens in the event of a divorce. It is also used when there are children from a prior relationship and that parent seeks to provide them with inheritance rights. It also serves to protect one spouse from the debt of the other spouse, protect large inheritances and provide financial security for a spouse that stopped working to care for their children.
A main premise of an postnuptial agreement is that it can ease the divorce process and save the couple the legal fees associated with a traditional divorce. The agreement is likely to address topics such as the division of separate property and marital property, division of debts, spousal support and other lifestyle matters.
Could it be invalidated?
There are certain conditions that would likely invalidate a postnuptial agreement. This includes no written agreement, fraud or misrepresentation, unequal bargaining power, signed under duress, not given the proper opportunity to read, understand and consider the agreement, lack of financial disclosure, provisions contrary to public policy, false or incomplete information, lack of independent counsel or that the agreement is unconscionable.
Therefore, it is important to understand that even if a postnuptial agreement is entered into, there could be grounds to invalidate it in the event of a divorce. As such, it is important to gain a full understanding about this marital agreement. This ensures that both spouses agree throughout the drafting process and conditions for invalidation are removed.