Rockville Prenuptial Agreements Lawyer
Few things are less romantic than discussing finances and legal contracts with your fiancé as you are about to wed. However, it is important to protect yourself should your marriage not turn out as you hoped.
A well-drafted document prepared by an experienced marital agreement attorney that outlines your plans for handling finances and assets in the event of a divorce can help you plan for your future. Reach out to our team to speak with a Rockville prenuptial agreements lawyer to learn more about your options.
What is a Prenuptial Agreement?
A prenuptial agreement also called a ‘prenup’ or ‘antenuptial’ agreement, is a contract individuals create before they marry that outlines their rights and obligations in a divorce. These agreements are legally binding, and a party who violates the terms of a prenup could face legal consequences.
Engaged couples can use prenups for a variety of reasons. Some common actions parties can take within their prenuptial contract include:
- Defining marital versus nonmarital property
- Determining how the couple will divide debt incurred before and after their marriage
- Setting spousal support terms or waiving them entirely
- Determining the parties’ eligibility to any retirement income or assets
- Determining how the parties will divide their personal property
- Stating whether the parties are obligated to attend mediation or arbitration before contesting a prenuptial contract
Couples should note that even if they address alimony in their prenup, unless it is drafted by an experienced attorney and includes certain language, a judge could still overturn this provision if it is substantially unfair to one party at the time of a divorce.
Additionally, prenuptial agreements do not address custody and child support issues. Provisions that may have been reasonable when the parties entered the contract might not be in their child’s best interests at the time of separation. A practiced Rockville prenuptial agreements attorney could assess a party’s situation and discuss possible contract terms.
Requirements for a Valid Prenup
Unlike some states, Maryland’s family law statutes do not specifically address prenups. Instead, state contract law governs these agreements. As such, a prenuptial contract must meet the following requirements to be enforced in Rockville family court:
- Each party voluntarily enters the agreement without pressure from the other
- The contract is fair and not ‘unconscionable’ to either party
- Both parties fully disclosed their financial circumstances before signing the agreement
- Each party had the chance to consult an independent attorney.
A capable attorney in Rockville could ensure that a couple’s prenup meets the state’s contractual requirements.
Can Spouses Modify a Prenuptial Agreement After Marriage?
Often, after a couple weds, their circumstances change. For example, one spouse may have left a lucrative career to take care of the couple’s children or decided to start a business that the other spouse does not wish to have an interest in.
If spouses agree, they can change their prenuptial contract by signing an amendment that better suits their current situation. However, if one spouse wants to change the agreement but the other does not, the original contract remains binding on both parties.
Consult a Rockville Prenuptial Agreements Attorney for Help Protecting Your Assets
If you are considering signing a marital contract, you should talk with a knowledgeable Rockville prenuptial agreements lawyer. The skilled attorneys at our firm could help you with all matters relating to prenups, including negotiation, drafting the document, and challenging or defending it in court if necessary.
Your future property rights and financial stability are too important not to fully understand the complex contract laws that apply to these agreements. Call us today to schedule a consultation.
