Phone: 301-738-7770
Steven J. Gaba
Phone: 301-738-7770

Rockville couples may consider planning ahead for divorce

With statistics reminding couples that so many marriages end in divorce, it is no wonder that many couples want to plan for the future and the possibility that they will face divorce. Rockville couples who are newly married may be interested in a lesser publicized protective measure known as a postnuptial agreement. Unlike a prenuptial agreement that is decided before a marriage occurs, a postnuptial agreement is drafted after the honeymoon. Both are similar in that they protect the interests of each spouse in the event of divorce.

Considered by some to be a 'marital contract,' a postnuptial agreement is a legally binding document that details how couples would split property and assets should they become separated or divorced. Drafting such a document does not mean that the couple is headed for divorce. Rather, it means that in the event that they should choose divorce at any time in the future, they have reached a decision before emotions run high.

A postnuptial agreement can include anything that the couple chooses. Commonly found on a postnuptial agreement are checking or savings accounts, property, child support wishes, even who will care for the family pet. One couple made it simple and used a postnuptial agreement to state their wishes that what each spouse brought into the relationship is what each spouse will leave with.

As with most areas of divorce planning, Rockville couples should strive to be open and honest with one another about all of their individual property, debts and assets when drafting a postnuptial agreement. Authorities recommend that couples walk away if their discussions become heated, and decide to continue another day. Any area of marriage or divorce can present emotional challenges for couples. However, most can be successfully navigated if couples are willing to work together and seek the best options to protect their future.

Source: KABC TV, "Postnuptial agreements becoming more common, signed after couples get married," Ric Romero, Aug. 29, 2012

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