Proven Firm Crafts Prenuptial Agreements to Protect Your Interests
Attorney in Greenbelt, Maryland and D.C. gives prospective spouses security
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. At The Law Office of Michael A. Troy PLLC in Greenbelt, Maryland and Washington, D.C., we offer comprehensive counsel on prenuptial and postnuptial documents. 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. We can help you establish clear, equitable terms to safeguard your interests.
What is a prenup?
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.
It’s important to remember that family law concerns 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.
Knowledgeable lawyer works to make sure an agreement is enforceable
Prenuptial and postnuptial agreements must adhere to the rules that govern other contracts. A deal cannot be enforced if one party agreed only due to fraud, duress or lack of capacity. Moreover, courts have recognized that marital agreements may be influenced by emotion or a distinct difference in sophistication between parties. We guide clients toward language that is reasonable from either side’s perspective so that a court is more likely to uphold the agreement’s terms if a divorce ensues.
Firm drafts premarital agreements to provide protection for business owners
Regardless of which spouse brought an asset into the household, it becomes marital property and is subject to division if the marriage is dissolved. This can be particularly troublesome if a husband or wife owns all or part of a business. Without a prenup, a divorcing couple might be forced to divide the business stake in a manner which hurts the company and lessens its value as well as that of related investments. When working with business owner clients, we devise innovative ways to achieve a mutually acceptable division while allocating assets in a way that best preserves their worth.
Knowledgeable adviser assists couples seeking postnuptial agreements
Even if a couple is already wed, they can create a document that offers the protections commonly associated with premarital agreements. Our firm assists with the development of postnuptial agreements that can reflect changes in circumstances since a couple was married, such as a significant financial shift or the establishment of a new business or investment venture. As with all contracts, we make sure that both parties are aware of the pertinent information and that each party freely agrees to the terms.
Contact a skillful family lawyer for a free consultation regarding a marital agreement
Michael A. Troy PLLC assists clients in Maryland and Washington, D.C. with the drafting, negotiation and interpretation of prenuptial and postnuptial agreements. For a free initial consultation at either my Greenbelt or District office, please call 202-655-5512 or contact us online.