Prenuptial Agreements

Glen Burnie Prenuptial Agreement Lawyer

Dedicated Family Law Firm in Glen Burnie

Most people who enter into marriages feel sure that their commitment and union will wear the test of time. However, 50 percent of first marriages end in divorce and there is an even higher rate for second marriages. Often, there are children, homes, businesses, properties, and many other assets involved that complicates the matter of separation even more. Unfortunately, this can lead to a long and drawn out legal battle to determine who gets what from the time spent together. Some couples choose to head this possibility off through drafting a prenuptial agreement. This document provides a clear depiction of both parties’ financial situation going into the union.

If you are interested in creating a prenuptial agreement, talk to our Glen Burnie prenup lawyers at our family law firm by contacting .

Common Misconceptions About Prenuptial Agreements

There are many myths and misconceptions surrounding prenuptial agreements that can discourage couples from considering them. At Ward & Co Law, we want to help our clients make informed decisions about their futures. Here are some common misconceptions about prenuptial agreements:

  • Only wealthy couples need prenuptial agreements. Prenuptial agreements can benefit any couple, regardless of their income or assets. They can help protect both parties in the event of a divorce or separation.
  • Prenuptial agreements are only necessary if one spouse has significantly more assets than the other. Even if both spouses have similar assets, a prenuptial agreement can still be beneficial in outlining how those assets will be divided in the event of a divorce or separation.
  • Prenuptial agreements are unromantic and can ruin a relationship. While discussing a prenuptial agreement may be uncomfortable, it can also be a sign of a healthy and honest relationship. It can also help prevent misunderstandings and conflicts in the future.

Our Glen Burnie prenuptial agreement lawyers are here to answer any questions you may have and help you understand the benefits of a prenuptial agreement for your specific situation. Contact us today to schedule a free consultation.

Commonly Asked Questions

Can I create a prenuptial agreement after I am already married?

Yes, a postnuptial agreement can be created after marriage. However, it is important to note that postnuptial agreements can be more difficult to enforce in court.

Will a prenuptial agreement protect my assets from my spouse's debts?

Yes, a prenuptial agreement can protect your assets from your spouse's debts, as long as it is properly drafted and executed.

Can a prenuptial agreement include provisions for child custody and support?

No, child custody and support cannot be included in a prenuptial agreement, as these issues are decided based on the best interests of the child at the time of divorce or separation.

How can I ensure that my prenuptial agreement is legally binding?

To ensure that your prenuptial agreement is legally binding, it must be properly drafted and executed. It is recommended that you work with an experienced family law attorney to ensure that your prenuptial agreement meets all legal requirements.

Does a Prenup Expire?

A prenuptial agreement (prenup) does not have an inherent expiration date. However, there are circumstances that can make a prenup no longer valid or enforceable:

  1. Death of a Spouse: A prenup typically ceases to have effect upon the death of one of the spouses.

  2. Divorce or Legal Separation: If a couple divorces or legally separates, the terms of the prenup are often enforced unless the agreement includes provisions for such circumstances. In some cases, a prenup may specify a time frame for which it remains in effect after a divorce.

  3. Modification: Prenuptial agreements can be modified or amended if both spouses agree to changes and the modifications are made in accordance with the law.

  4. Legal Challenge: A prenup can be challenged and declared unenforceable by a court if it was not entered into voluntarily, was unconscionable, or lacked full financial disclosure at the time of signing.

It's important to understand that prenuptial agreements are governed by state laws, and the specific terms and conditions of each prenup can vary. The enforceability and terms of a prenup are highly dependent on the circumstances and the laws of the jurisdiction in which it was executed.

How Much Can a Prenup Protect You?

There are many benefits to drafting a prenuptial agreement, such as:

  • Clearly reviewing both parties’ financial situations before entering into the marriage, preventing any surprises down the road of undisclosed financial issues
  • In the case of divorce, it prevents either member from being treated unfairly
  • In the case of a second marriage, it protects the children from the first marriage from losing assets should another divorce occur

Factors to Consider

It is important to note that prenuptial agreements should be discussed and created some length of time before the wedding, not as a last minute gesture. If it’s too close to the wedding, it may be invalidated later under the pretext of appearance of coercion.

Also, as obvious as this may seem, the agreement needs to be founded upon fairness. The point of the document is to form a contract that protects both parties, not to create a gross imbalance that only helps on member down the line.

How Many Years Is a Prenuptial Agreement Good For?

Prenuptial agreements are typically intended to be valid for the entire length of the marriage. However, some couples opt to include provisions that expire. For example, a provision that states that one spouse will not receive spousal support/alimony unless the marriage lasts for at least 10 years.

What Can Make a Prenup Invalid?

A prenup may not be legally enforceable if:

  • The agreement wasn’t written down;
  • Both parties didn’t sign the agreement before the wedding;
  • One spouse was pressured into signing it;
  • One spouse signed it without reading and understanding the terms;
  • One spouse wasn’t given a sufficient amount of time to read the agreement;
  • It includes illegal provisions (although it is possible for the court to remove those provisions and enforce the remainder of the document);
  • It includes false information;
  • It includes incomplete information;
  • Both spouses were represented by the same counsel; and/or
  • The terms are unreasonably unfair.

Talk to the Team at Ward & Co Law Today

Prenuptial agreements can be incredibly helpful should they ever end up being necessary in your relationship. Don’t let the stigma of the term dissuade you from considering creating one with your partner. If the information above sounds intriguing or helpful to you, contact our firm to schedule an initial consultation to begin the conversation.

Our Glen Burnie prenuptial agreement lawyers will help you create a prenup that works for you. Contact us now!

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