Montgomery County Prenuptial Agreements Lawyer
Before getting married, it is crucial to plan for your financial future. This is especially true for those with considerable assets, including real estate, businesses and investment portfolios. A properly drafted prenuptial agreement can shield specific assets from division during marital property disputes, simplifying court proceedings.
If you are considering marriage, you should speak with a Montgomery County prenuptial agreements lawyer right away. An experienced family law attorney can help you draft a prenup or challenge the terms of an existing agreement. Call our firm today to learn how we can help you protect yourself as you enter into a marriage.
Drafting Prenuptial Agreement
Prenuptial agreements are contracts that engaged couples may enter into before getting married. These contracts may address how the couple will buy, sell, or manage specific property during the marriage. Prenups can also specify who will retain possession of certain marital assets in the event of divorce.
Other issues generally addressed in these contracts include each parties’ financial responsibility for debts and alimony. Maryland courts typically only enforce written prenuptial agreements that were signed by both parties before the marriage.
Reviewing the terms of the contract agreement with a legal professional and having the document notarized can help a court find that the agreement is valid and enforceable. A skilled prenuptial agreements attorney can identify provisions that may harm individuals in future divorce proceedings, advise them on the consequences associated with signing a binding contract.
Common Factors Influencing the Validity of Prenup in Montgomery County
Even if a prenuptial agreement is in writing and signed by both parties, the courts may decline to enforce it if is invalid due to fraud, coercion, duress, unconscionability or error. Courts can further invalidate specific provisions of a prenuptial agreement and enforce others if they violate existing state or federal law. For example, courts will likely invalidate any provisions that waive a party’s obligation to pay child support for children, as this is inconsistent with public policy.
Challenging a Prenuptial Agreement
One party can also invalidate a prenuptial agreement by challenging unconscionable or grossly unfair terms. Additionally, if one party failed to fully disclose their assets and liabilities before executing the contract, there may be grounds to challenge the agreement. Retaining legal counsel can improve one’s chances of successfully challenging a prenup.
Without knowledge of relevant state laws, it is difficult to execute a binding contract. It is important to hire a local attorney when drafting a prenuptial agreement to avoid entering into a legally unenforceable contract.
Speak with a Montgomery County Prenuptial Agreements Attorney Today
Prenuptial agreements can be very useful for protecting your assets in the event of a divorce, and it is crucial to seek legal counsel before entering into these contracts. You may face significant financial consequences if the agreement is deemed unenforceable by the court.
If you recently got engaged, consider talking to a Montgomery County prenuptial agreements lawyer. Following an initial consultation, a dedicated attorney can draft a prenuptial agreement that safeguards your interests. Call us today to schedule an appointment with a member of our team.
