Prenuptial Agreement Attorneys in Montgomery County, MD

Providing Legal Services and Advice for Clients Considering a Prenup

You may have heard the term prenuptial agreement – or “prenup” as it is often referred to in informal conversations – but how does this document really work, and should you get one before you get married? Our attorneys give you an overview of prenuptial agreements in Maryland and explain why you may want one and how an attorney can help.

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract between you and your future spouse. A prenuptial agreement is signed before the couple gets married and is usually used to protect assets, address financial concerns, and reduce the risk of conflicts between you and your spouse should you get divorced in the future.

Prenuptial agreements are also beneficial to couples because they create a space for them to communicate and agree on important matters before they get married. A “prenup” is a written document that is usually notarized and signed by both spouses. It may be best for the couple to draft their prenup together, and an attorney can be very helpful in ensuring all the important aspects are covered.

What Can You Include in a Prenuptial Agreement in Maryland?

There is not a one-size-fits-all prenuptial agreement. Every couple is unique, and so are the terms of their prenup. Open communication with your future spouse is extremely important for building a prenuptial agreement that works for you.

Many couples include terms that address how assets should be divided in case of a divorce, how property can be bought, sold, or managed by each spouse during the marriage, how retirement accounts and life insurance proceeds should be handled, and even expectations for how finances will be handled during the marriage. The terms of a prenuptial agreement can be customized to address your particular concerns.

What Would Make a Prenuptial Agreement Invalid in Maryland?

While a prenuptial agreement can address a wide range of issues, it cannot address child custody and support matters or pre-determine who will have custody of a child in the event of a divorce – especially if the couple does not have children together yet. Child custody and support matters must be decided by a court if the couple divorces.

In addition, a few circumstances may render a prenuptial agreement invalid. Under Maryland laws, most prenuptial agreements are enforceable and legally valid unless they were written or signed under coercive or fraudulent circumstances. Coercion, fraud, undue influence, incompetence, or other similar factors may be reasons for a prenuptial agreement to be deemed invalid. Always ask an attorney if you are unsure whether your prenuptial agreement is valid.

What Is the Full and Frank Disclosure Requirement for Maryland Prenups?

A valid contract in Maryland relies heavily on transparency between both parties. When creating this document, the law requires full and frank disclosure of all financial matters. Both spouses are required to provide a complete listing of all their property and debts prior to signing an agreement. A judge would likely deem the agreement voidable if one spouse hid a family-owned business or a large inheritance. Montgomery County Prenuptial Agreement attorneys work with their clients to ensure that each party’s information is fully disclosed and properly documented. If one party is dishonest about their assets and/or income, then the entire relationship will likely be seen as unequal or coercive. Being prepared with clear assistance helps families build a foundation of trust before the marriage begins in our Montgomery County offices.

Can a Prenup Prevent Separate Property From Becoming Marital Property Through Commingling?

Many people enter a marriage with existing property, such as a home or a retirement account, and wish to keep those assets separate. However, without a formal contract, separate assets can easily become marital property through a process called commingling. This often happens when pre-marital funds are used to pay for joint expenses or when both spouses contribute to the upkeep of a property. If the marriage ends, the division of these mixed assets can become a complex part of a divorce case. Working with experienced family law offices allows you to include specific provisions that address exactly what remains separate. Your attorney can help you determine how future income or increases in value will be handled if a separation occurs. Providing this legal assistance ensures that your financial responsibilities are clearly defined from the start. A lawyer can help you discuss these circumstances in advance to avoid future conflict over the division of assets. This ensures that no part of your agreement contains illegal provisions that a judge might later strike down.

Do I Need an Attorney to Write a Prenuptial Agreement?

While you are not required to have an attorney in order to get a prenuptial agreement written, it may be in your best interest to do so. Working with an attorney is even more important if your future spouse has simply presented you with a prenuptial agreement that you did not write together and is asking you to sign. It is strongly recommended that you show your prenuptial agreement to an attorney before signing it to ensure it is drafted fairly. When done right, a prenuptial agreement can be an important tool to build a strong foundation for your marriage.

An attorney can also be helpful in guiding you and your future spouse through the prenuptial agreement writing process by asking you important questions to make sure your agreement is thorough. It covers everything that could trigger a future conflict. Our attorneys can help you and your soon-to-be spouse to make plans for the future and craft a prenuptial agreement that will protect your interests and get your marriage started off the right way. Contact our Germantown, Silver Spring, and other Montgomery County, Maryland, offices to request an initial consultation and see how we can help. Call Paré & Associates, LLC today at 240-201-2267 if you’re in Germantown, or 301-945-7928 for Silver Spring residents.