Prenuptial Agreement Attorneys in Baltimore, MD
Marriage is an exciting milestone in any relationship. As couples move through their engagement, planning a wedding, and discussing their future, prenuptial agreements can be a worthwhile discussion that strengthens the groundwork of the marriage.
Prenuptial agreements, or prenups, are a premarital contract that outlines financial division, assets, property, debts, and inheritances. While many people have concerns that a prenup is planning for a divorce, a prenup is actually a positive stepping stone towards outlining financial plans, planning for business or property acquisition, and agreeing how to handle finances as a couple going into the marriage.
Prenuptial agreement attorneys in Baltimore can help you decide how to outline your prenup, what information to include, and help ensure the agreement is legally compliant. Get expert legal advice, compassionate recommendations, and straightforward direction on how to make your prenuptial agreement in Baltimore.
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Family lawyer Lillian V. McElroy helps couples prepare for the next chapter of their life with prenuptial and postnuptial agreements in Baltimore
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Creating a Valid Prenuptial Agreement in Baltimore County
If you have decided to create a prenuptial agreement in Baltimore County, you want to be sure you and your spouse execute the agreement legally so it can be upheld under the law if needed at a later time.
To establish a legal prenuptial agreement in Maryland, the prenup must be in writing, signed by both spouses, and created before the marriage. If you decide to come to an agreement after the marriage, you can create a postnuptial agreement, which follows the same guidelines.
Prenuptial agreements cannot be entered into under coercion and both spouses must make full, truthful disclosures regarding their assets, finances, and other agreed-upon divisions. In the event a party was not truthful during a disclosure, a prenup may be able to be overruled and disregarded.
To create a prenup in Baltimore:
- Each party should seek advisement from their own prenuptial attorney in Baltimore
- Spouses should clearly, fully, and truthfully disclose all assets, finances, and debts
- Execute the signatures well before the marriage, recommended in front of a notary
What Assets are Covered in a Prenuptial Agreement
- Pre-marital property
- Property obligations
- Property division (including property acquired during the marriage)
- Inheritances
- Dependants inheritances
- Alimony or spousal support
- Life insurance policies
- Wills and trusts
- Business rights and ownership
- Debts
- Other notable assets
Prenuptial Agreements Do Not Cover:
- Child custody
- Child support
- Belief systems or day-to-day matters
- Wording that goes against marriage and/or encourages divorce
- Unfair divisions or unjust favorability
Who Needs a Prenuptial Agreement
Almost any couple can benefit from a prenuptial agreement before their marriage. Prenuptial agreements encourage conversations around finances, align marital goals, and help determine a fair division of assets under calm circumstances with all parties’ best interests in mind.
If you are wondering if a prenuptial agreement is right for you, ask yourself:
- Do you or your spouse have significant assets you are bringing into the marriage
- Do you have children from a previous marriage who should inherit assets in case of an untimely death (default inheritances all go to a spouse unless otherwise noted)
- Do you or your spouse own a business or have interest in a business
- Is there a significant gap in your incomes or net worths
- Do you want to protect an inheritance
- Are you protecting your spouse from inheriting debt
- Is one spouse intending to be a stay at home parent and you want to ensure they will receive a fair, valued contribution, especially if their career is affected
- Do you have complex assets you want to keep separate
Benefits of a Prenuptial Agreement
Encourages open, honest communication
Reduces stress around finances and financial conversations
Builds trust
Looks out for and protects both partners
Secures family assets and inheritances
Clarifies debt responsibilities
Prepares for the unexpected
Provides peace of mind in a calm, collected state of discussion
Frequently Asked Questions
Is a prenuptial agreement a good idea?
Yes, a prenuptial agreement is a good idea for all parties to protect themselves, their spouse, and any assets brought into the marriage while building trust and clarifying financial expectations.
Who should have a prenuptial agreement?
All couples can benefit from a prenup, especially couples with children from a previous marriage, business owners, stay-at-home parents, parties with a large inheritance, or those with substantial debt.
What is the difference between a prenuptial and a postnuptial agreement?
Prenuptial agreements are created before a marriage, signed in front of a notary prior to the start of the marriage. A postnuptial agreement is created after a marriage ceremony.
Can I modify a prenuptial agreement in Maryland?
If both parties agree to modifying a prenuptial agreement during the marriage and sign and execute the new agreement in writing in front of a notary, yes, that is a legal agreement. However, if one party does not agree to the modifications, the agreement may become invalid.
What happens to a prenuptial agreement if I get divorced?
In the event of a divorce, the prenuptial agreement will be consulted to divide out assets, financial responsibilities, and property. Prenuptial agreements do not have an end date and are enacted in the event of death or divorce.
Why You Should Choose an Experienced Law Firm like Saller, Ernstberger & McElroy
Prenuptial agreements can feel intimidating but they do not need to be. Working with a prenuptial agreement attorney in Baltimore can provide you and your spouse peace of mind, help clarify financial agreements before a marriage, and give both parties peace of mind that a fair and equitable decision has been made.
Prenuptial agreement attorneys in Baltimore will represent you, advise on asset division, discuss fair divisions, and give guidance on anything that should be included and defined in the agreement. You can have encouraging support from a third party who is looking out for your legal agreement and a fair document.
Get peace of mind, be on the same page, and have a preparation for the future. Talk to our prenup lawyer in Baltimore today.
Prenuptial Attorneys in Baltimore to Make Your Experience Easier
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