PRENUPTIAL CONTRACT / AGREEMENT
MARYLAND DIVORCE LAWYER
ATTORNEY HELPING WITH ALL LEGAL ASPECTS OF GETTING DIVORCED
In the State of Maryland, agreements made prior to the time of the ceremony between spouses-to-be is called a prenuptial contract or agreement. Typically, valid prenuptial agreements remain enforceable after divorce.
Precedent shows us that prenuptial agreements are very difficult to void. However, this may change. In March of 2013, a Brooklyn court invalidated a prenuptial agreement that a Long Island woman had signed with her millionaire husband before their 1998 wedding. This is a precedent-setting move, and divorce lawyers in every state are sitting up and taking notice.
For this reason, it is critical for spouses-to-be seeking an effective prenuptial agreement to have separate legal counsel. Further an effective prenuptial agreement should be:
- Written not oral. Oral Prenups are not valid in the State of Maryland;
- Executed voluntarily and without coercion. It should be signed by both parties by a minimum of one week before the wedding. A prenup that’s signed the day before the wedding can be invalidated.
- Carried out only after full disclosure. If you hide assets and/or liabilities, you run the risk of invalidating the prenup.
- Conscionable. Said differently, the prenup could be invalidated if the agreement is too lopsided, with one party awarded almost everything and the other receiving very little.
- Signed by both parties, preferably in front a notary or a witness; although not required, this route would further validate the document in later court proceedings.
Call the Burton Firm today to begin your effective prenuptial contract. We have ample practice constructing effective prenuptial agreements. Many of our clients testify that the prenuptial contract our firm composed, proved to be of most importance during their divorce process. We hope for all newlyweds to remain married. Nonetheless, we also advocate for the better safe than sorry policy, especially with the skyrocketing divorce rates in the United States.
The following are some general things we include in pre-nuptial agreements:
- Marital property: which assets will become marital property and which will continue to belong to whom individually;
- Inheritance rights, including special provisions for children by a previous marriage or for any children born of the upcoming marriage; and,
- Alimony issues and/or monetary awards in the event of a breakup down the road.
Call the Burton Firm now to construct a plan to protect your financial interest. The initial consultation is free. Get your questions and concerns answered, call now.
CONTACT MARYLAND DIVORCE LAWYER FOR HELP
The Burton Law Firm understands how divorce can affect you and your family’s life indefinitely. Having years of experience handling all types of divorce cases throughout the state of Maryland, you can trust us to handle your case with care. Give us a call at (301) 420-5540 to speak to a divorce lawyer in Maryland.
THE OUTCOME OF YOUR CASE MATTERS TO US
Contact our office as soon as possible so our team of Family Law attorneys can properly evaluate your case and protect your rights.