A prenuptial agreement, also known as a “prenup” or premarital agreement is a written contract between two people who are planning to marry. A common misconception about prenuptial agreements is that making one means you are planning to divorce. Having an agreement in place certainly makes a divorce easier if you have to go through one. But the reality is that going through the process of creating a prenuptial agreement can actually strengthen your marriage.

It makes sense, if you think about it. Prenuptial agreements deal with issues that can be uncomfortable to discuss, like finances. Because they haven’t talked about it, many couples don’t find out until after they are married that they have different values and expectations around money. Disclosing and discussing your finances before marriage, and reaching agreement about how certain financial issues will be handled when you’re married, can help create a strong foundation for your future.

Marriage is an exciting life transition, but it’s important to move forward with your eyes open. As an experienced life changes and prenuptial agreement attorney, I can help you prepare for this new chapter in your life.

Creating a Valid Prenuptial Agreement in Maryland

A premarital agreement can cover a variety of issues, most of them financial in nature. These include how you intend to manage financial decisions during marriage, distribute your assets in the event of death, or handle property division and alimony in the event of a divorce. You cannot use a prenuptial agreement to establish custody or support of existing or future children.

Creating a prenup is a good way to address potential conflicts before they arise, but your agreement must be enforceable when you need it to be. In order for a prenuptial agreement in Maryland to be valid, it must be:

  • In writing
  • Signed by both future spouses
  • Executed before the marriage

Both you and your future spouse should make full disclosure of your finances, and you should each be represented by your own prenuptial agreement attorney to be sure you understand the terms of the proposed agreement and your rights. You should also avoid signing the agreement too close in time to the wedding, to avoid the appearance that it was signed under duress.

Who Needs a Prenuptial Agreement in Maryland?

Almost any couple can benefit from creating a premarital agreement, but there are certain situations in which having a prenup can be especially helpful, such as where:

  • One or both of you have significant assets
  • One or both of you have children from a previous marriage or relationship and want some of your assets to go to your children, not your spouse, in the event you die first
  • One or both of you own an interest in a business
  • There is a significant disparity in your incomes or net worths
  • One of you expects a significant inheritance that you want to keep separate
  • One of you is bringing significant debt into the marriage and you want to ensure that the debt remains the responsibility of the person who incurred it.
  • You intend that one of you will become a stay-at-home parent when you have children, and want to be sure that parent’s contribution is valued, especially if their career path is affected
  • One or both of you bring complex assets to the marriage that you want to keep separate

Whatever your circumstances, clarifying your understanding of your financial situation and your expectations for the future can help you get your marriage off on the right foot.

Work with an Experienced Prenuptial Agreement Attorney

I have over 20 years’ experience in family law, to help clients get on the same financial page before marriage. My work includes negotiating, drafting, and reviewing prenuptial agreements. As an experienced litigator, I can also help you to challenge or enforce a prenuptial agreement in court if necessary.

To learn more about prenuptial agreements in Maryland and whether a prenup is right for your situation, check out my blog or contact me to schedule a consultation.