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Washington, DC Family Lawyers Draft Marital Agreements

Prenuptial and postnuptial contracts can reduce strife in the future

Under District of Columbia law, a premarital agreement is a contract between prospective spouses or domestic partners that’s made in contemplation of a marriage or a domestic partnership. It takes effect when the marriage or domestic partnership begins. Such an agreement addresses property and alimony rights in the event that the marriage ends because of divorce or death. A premarital agreement must be in writing and signed by both parties. The family law attorneys at Douglas & Boykin PLLC draft premarital and postmarital agreements that eliminate future conflicts.

What issues can and can’t be addressed in a prenuptial agreement?

Under District of Columbia law, a premarital contract cannot restrict a child’s right to financial support. A premarital agreement can, however, address almost every other issue related to the
dissolution of a marriage or a domestic partnership, including:

  • The parties’ rights in connection with all marital and nonmarital property
  • The amount — or elimination — of spousal or domestic partner support
  • The making of a will, trust or other arrangement to carry out the provisions of the agreement
  • The parties’ rights related to the death benefits from a life insurance policy
  • Any other matter that doesn’t violate public policy or criminal law

Are prenuptial agreements always enforceable?

During a divorce, either party can challenge a premarital agreement, but to succeed, the challenger must prove one of the following:

  • The challenger would be eligible for public assistance if the alimony limitations in the agreement were enforced
  • The challenger did not sign the agreement voluntarily
  • The agreement was grossly unfair, or “unconscionable,” when it was signed, and the challenger did not receive a full and fair financial disclosure from the other party before the agreement was signed
  • Did not waive, in writing, a right to financial disclosure from the other party

The attorneys at Douglas & Boykin have the experience and knowledge to draft a robust premarital or postnuptial agreement for you.

Contact Washington, DC firm about prenuptial and postnuptial agreements

Douglas & Boykin PLLC offers high-quality legal representation at a more affordable cost than larger firms in the Washington, DC metro area, which includes Maryland and Northern Virginia. To schedule a consultation, call us at 202-753-0042. Douglas & Boykin’s office is near Metro stops at Farragut North, Dupont Circle (Red Line), and Farragut West (Blue, Orange, and Silver Lines).