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Divorce Lawyers

Thyden Gross and Callahan LLPCounselors and Attorneys at Law

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Maryland Divorce Legal Crier

News and comments about divorce, child support, child custody, alimony, equitable property distribution, father’s rights, mother’s rights, family law, laws on divorce and other legal information in Maryland.

Postnuptial Agreements

A postnuptial agreement is just like a prenuptial agreement only it is made after the wedding.  The parties may agree in writing after their marriage who gets what in the event of a divorce and the courts will enforce that agreement.

Section 8-101(a) of the Maryland Family Law Article says “A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights or personal rights.”

There are many reasons for a postnuptial agreement.  Spouses may have run out of time to negotiate or execute a prenuptial agreement before they got married.  They want to amend their prenup.  Or they may want to have financial certainty in the event of a possible divorce.

When you think about it, separation agreements and marital settlement agreements are actually postnuptial agreements although they are not titled that way.

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