Before getting married, partners may be concerned that the property they owned prior to the marriage could become commingled with marital funds. When this happens, it may be time to consider the benefits of drafting a prenuptial agreement, which could help you address these issues and many more problems. If you require assistance to draft a prenuptial agreement prior to marriage, you should consult with an experienced Maryland prenuptial agreement attorney as soon as possible.
The Law Offices of Randolph Rice is here to provide you with the legal representation you need to draft a prenuptial agreement that works for your specific circumstances. Our firm understands that discussing a prenuptial agreement with your partner can be a tough conversation, and we are here to address any concerns regarding the agreement. To schedule a free legal consultation to discuss your prenuptial agreement, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also contact our legal team online to schedule your free consultation.
How Prenuptial Agreements Work in Maryland
A prenuptial agreement is a contract between partners that is executed prior to marriage. The primary reason that partners will draft a prenuptial agreement is to ensure that property owned prior to a marriage will not become marital property. However, there are other issues that can be addressed with prenuptial agreements:
- Inheritance rights for a child from a previous marriage
- Alimony payments for a partner after divorce
- Interests in a business owned prior to the marriage
This is not a comprehensive list. It is important to note that Maryland has not passed laws that specifically discuss prenuptial agreements as most matters involving prenuptial agreements are handled by referencing contract law. However, Maryland law does provide some limits on what a prenuptial agreement can be used for:
- Partners cannot draft a prenuptial agreement that contains a provision to divorce after marriage
- Prenuptial agreements cannot be used to set the amount of child support payments or to affect child custody
- Partners cannot use a prenuptial agreement as a contract to marry unless one partner is pregnant
- Prenuptial agreements cannot be used to support a claim for alienation of affections
There is often a misconception that a prenuptial agreement is reserved solely for partners with high assets or wealth. However, there is a wide range of benefits of drafting a prenuptial agreement, whether you possess millions of dollars or whether you simply wish to provide for one of your children. Let our firm walk you through the many benefits that you and your partner can enjoy from drafting a prenuptial agreement.
If you wish to know more about drafting a prenuptial agreement in Maryland, you should continue reading and consult with an experienced Maryland prenuptial agreement lawyer today.
Drafting an Enforceable Prenuptial Agreement in Maryland
It is true that a couple can personally draft their prenuptial agreement without the aid of a lawyer. However, one or more errors could result in the entire document being unenforceable if the couple is unfamiliar with contract law in Maryland. The Law Offices of Randolph Rice can help you draft an enforceable prenuptial agreement that can meet the needs of you and your future spouse. The following are some steps to consider when executing a prenuptial agreement in Maryland.
Each Partner Should Hire a Prenuptial Agreement Attorney
Before negotiating a prenuptial agreement, each partner should be sure to retain an experienced family law attorney. While it is not required, the attorney for each partner will ensure that their client’s interests are protected. For example, an experienced attorney will be able to identify contract provisions that only benefit one partner.
Additionally, retaining an attorney can help avoid a possible challenge to a prenuptial agreement in the future. For example, if a partner believes they signed a prenuptial agreement under duress caused by their spouse and opposing counsel, this may be enough to invalidate the agreement.
Disclose All Assets
The next step you should take is to disclose all assets that you own. Unfortunately, there are many cases where one or both partners may try to conceal certain assets when executing a prenuptial agreement, believing that it may increase their bargaining power. If a partner fails to disclose all their assets, this could result in the prenuptial agreement being unenforceable.
Ensure Agreement is Signed by Each Partner
To enforce a prenuptial agreement against a spouse, you must ensure that each spouse has signed the agreement. Additionally, you could also have the agreement notarized, which can help prove its veracity.
The Law Offices of Randolph Rice knows that a prenuptial agreement is often a sensitive topic for couples, and we can help you get through it. Our attorneys are skilled in drafting a broad range of contracts, and we are ready to work with you.
Work with Our Skilled Maryland Prenuptial Agreement Lawyer Today
If you wish to draft a prenuptial agreement that is enforceable in Maryland, you should contact a skilled Maryland prenuptial agreement lawyer today. The Law Offices of Randolph Rice has broad experience handling family law cases, and we would be pleased to help you resolve your prenuptial agreement matter. You do not have to handle your family law case alone. To schedule a free case evaluation for your prenuptial agreement, contact the Law Offices of Randolph Rice at (410) 694-7291. Our Maryland family law attorneys can also be reached online to schedule a free consultation.