Prenuptial Agreements

Work With a Prenuptial Agreements Attorney in Maryland to Protect Yourself and Your Assets

Before tying the knot, it’s important to consider a prenuptial agreement. This contract, also known as a premarital agreement or a prenup, is signed by both soon-to-be spouses, and determines how assets will be divided if the marriage ends in divorce. If you’re in Maryland and you need guidance on prenuptial agreements, turn to the experienced attorneys at the Law Offices of Ellen L. Lee. We’re here to ensure fairness for our clients.

Who Benefits from a Prenuptial Agreement?

A prenuptial agreement can be beneficial if any of the following apply to you:

• You have children
• You own significant property
• You own a business
• Your income exceeds $100,000 per year
• You have been previously married

The Advantages of a Prenuptial Agreement

In Maryland, a prenuptial agreement offers several advantages in the event of divorce:

• Protection of prenuptial assets
• Avoidance of costly litigation
• Protection against prenuptial creditors
• Safeguarding the interests of children from previous relationships

Understand that without a prenuptial agreement, Maryland law calls for the equitable distribution of all marital property. With a prenuptial agreement, you and your spouse make the decisions regarding the property interests in question. If you are already married, you can pursue a similar solution in the form of a postnuptial agreement. A prenuptial agreement can also be revoked with the agreement of both spouses after you are married.

What Can Be Included in a Prenuptial Agreement?

At the Law Offices of Ellen L. Lee, our skilled family law attorneys can help you draft a comprehensive prenuptial agreement that covers:

• Credit card and bank account usage
• Tax return filing arrangements
• Alimony or spousal support terms
• Property division (division of assets and debts)
• Rights to life insurance policies and retirement benefits
• Lifestyle arrangements

What Factors Might Serve to Invalidate a Prenuptial Agreement in Maryland?

When drafting a prenup, it is important to ensure your premarital agreement will be a legally valid contract. Alternatively, you may be wondering whether your Maryland prenuptial agreement could be invalidated. In Maryland, several factors can serve to invalidate a prenuptial agreement.

• If the agreement was not executed voluntarily, the court may deem it invalid. This could occur if one party was pressured or coerced into signing the agreement.
• If there was not a fair and reasonable disclosure of the property or financial obligations of the other party, the agreement might not be enforceable. Each party must have had an opportunity to fully understand the terms of the agreement and the impact those terms would have on their rights.
• If the agreement is unconscionable, meaning excessively unfair or unjust, it may be invalidated. For instance, if the agreement leaves one spouse with virtually nothing while the other keeps the majority of the assets, a court may find it unconscionable.
• If either party did not have access to independent legal advice prior to signing the agreement, it could be deemed invalid. This is to ensure that each party understands the implications of the agreement.

Do Prenuptial Agreements Remain Valid and In Effect If You Divorce in Another State?

Prenuptial agreements are generally enforceable across state lines due to the Full Faith and Credit Clause of the U.S. Constitution, which requires states to respect the “public acts, records, and judicial proceedings of every other state”.

If a couple with a Maryland prenuptial agreement divorces in another state, the agreement should still be valid and enforceable, provided it was valid under Maryland law when it was created. However, the specific laws and interpretation of prenuptial agreements can vary from state to state, so there may be differences in how the agreement is enforced.

Similarly, if a prenuptial agreement was created in another state and the couple divorces in Maryland, the agreement should be valid if it was valid under the laws of the state where it was created. Maryland courts will typically enforce such agreements as long as they meet the basic requirements of contract law.

However, it’s always advisable for individuals to consult with an attorney if they are facing a divorce in a different state than where their prenuptial agreement was executed, as the specifics can vary widely and depend on individual circumstances.

If You Seek To Modify your Agreement After You Have Been Married

In Maryland, a prenuptial agreement can be modified after marriage. However, the process to do so requires mutual consent from both parties. The modification must be in writing and signed by both spouses.

Note that once a prenuptial agreement is modified after marriage, it becomes a postnuptial agreement. A postnuptial agreement, similar to a prenuptial agreement, sets forth how assets and liabilities would be divided in the event of divorce or death, but it’s executed after the couple is married.

While modifying an agreement, it’s recommended that each party has their own attorney to ensure that their rights are protected. This is because courts scrutinize postnuptial agreements more closely than prenuptial agreements due to the change in the nature of the relationship.

Contact Us Today to Draft Your Prenuptial Agreement in Rockville, Maryland

Don’t leave your future up to chance. Contact the Law Offices of Ellen L. Lee to ensure your assets are protected with a well-drafted prenuptial agreement. Call us at (301) 279-0692(301) 279-0692 or reach out to us through our online form. Conveniently located near the Rockville Courthouse, we proudly serve clients in Montgomery County and throughout Howard, Frederick, and Carroll Counties in Maryland.

You have the option to choose the format of our initial information-gathering session with us. You can either meet us in person at our boutique law office in Rockville, Maryland, connect via Zoom video conference, or have a discussion over the phone to suit your convenience. We understand the value of flexibility in scheduling, so we offer evening and weekend appointments to accommodate your needs.