A Maryland prenuptial agreement lawyer will provide you with legal assistance if you are getting married and protecting your financial stability is important to you. Divorce can be expensive and leave you with lasting financial obligations, but a premarital agreement can help limit your costs and responsibilities. An attorney can also provide you with assistance if you are ending a marriage in Maryland and you need to argue for or against a prenuptial agreement being applied.
Should You Talk to a Maryland Prenuptial Agreements Lawyer
If you are creating a prenuptial agreement, you and your spouse need to ensure you follow Maryland laws for making the contract enforceable. This means making disclosures to each other about your finances and ensuring there are no misrepresentations before the contract is created.
A Maryland prenuptial agreements lawyer provides guidance and advice to couples who are negotiating a contract in consideration of marriage. If you want to make sure you create a contract that is sufficiently protective of your rights and that is likely to be enforced at the time of your divorce, it is important to have legal help to follow all state rules and to outline your rights
If you are in the process of ending a marriage, you must take into consideration any prenuptial agreement that you and your spouse signed. Your Attorney will discuss with you what repercussions the prenuptial agreement could have with respect to your rights in a divorce. Putting together your best case is the job of a prenuptial agreements lawyer in Maryland.
Maryland Laws on Premarital Agreements
Maryland has not adopted the Uniform Premarital Agreement Act, but rather has established its own process for determining an agreement’s validity. The court treats the agreement as a contract and views it under the rules of contract interpretation. The contract terms thus must be examined for evidence of good faith, consideration (the marriage itself is sufficient to constitute consideration), and the objective intent of each party.
Prenuptial agreements can be contested on the basis of incompetence at the time of signing, fraud, duress, coercion, mistake, or undue influence. Each party entering into the contract must provide a frank, full and truthful disclosure of their assets or the agreement may be unenforceable. The party seeking to invalidate the agreement can also argue it was unconscionable, or grossly unfair to the signing party.
In Cannon v. Cannon, the court of appeals addressed the validity of a prenuptial agreement being challenged by the wife during her divorce. The court held: “A confidential relationship exists, as a matter of law, between the parties at the formation of the antenuptial agreement.”
Because of this confidential relationship, the burden of proof is on the person who wants to enforce the agreement. For a premarital agreement to be enforced, the spouse arguing in favor of the contract must show disclosure of assets was made, and that no other conditions like fraud or duress existed at the time that would make invalidation appropriate.
A valid premarital agreement may address many issues, including spousal support, ownership of a business, a right to a share of a spouse’s estate, and future alimony payments. You need to take the necessary steps to ensure your agreement will be able to address these important issues if you divorce.
Call a Prenuptial Agreement Lawyer in Maryland Today
A prenuptial agreement lawyer in Maryland can provide you with insight into your rights and can help you to understand how the laws will apply to an agreement you make before getting married. Whether you need assistance with negotiating or reviewing a contract or you are divorcing and want help arguing for your rights in court, call an Attorney for the assistance you need.