While signing a prenuptial agreement may not be the most romantic way to prepare for a marriage, doing so can protect you and your spouse in case of a future divorce. Taking the time to address potential marital issues in a written contract can be a great way to strengthen your future marriage, as it allows you both to get on the same page about complex financial and personal preferences.
To ensure your pre-marital contract covers everything you think it should, you should consider working with a Prince George’s County prenuptial agreements lawyer. Guidance from a seasoned marital contacts attorney during the drafting stages can be crucial to ensuring the legally enforceability of your prenup agreement.
What Could a Prenup Cover?
Prenup agreements typically cover financial issues a married couple may face in the future and, most notably, who has rights over which assets and who will be responsible for certain debts. Since a Maryland divorce requires couples to divide their assets equitably during litigation, a pre-marital contract can be especially useful in avoiding litigation and determining either party’s property rights upon divorce or separation. In other words, couples who enter a prenuptial contract do not have to worry about a family court having the final say over their property rights.
In addition to property division, prenups can also waive alimony or establish one spouse’s alimony obligations to the other in the event of a divorce, as well as whether various purchases and financial accounts will be kept separately or held jointly between both parties.
However, prenuptial agreements cannot establish a legally binding arrangement for child custody and child support matters. Only the court can make final decisions on issues involving the care and support of children. Although, a local attorney could help either spouse ensure that their personal preferences are taken into consideration in a professionally drafted prenup contract.
Ensuring a Pre-Marital Agreement is Legally Binding
Unlike many other states, Maryland does not establish specific rules and expectations for pre-marital agreements. Instead, prenups in Prince George’s County must adhere to state contract drafting and enforcement guidelines, meaning that all the following criteria must be met for a prenuptial agreement to be valid and enforceable:
- The prenup is in writing
- Both parties have signed the prenup without duress
- Each spouse has fully and truthfully disclosed their assets and liabilities
- The terms of the prenup are not unconscionably unfair to either party
While it is rare for a court to find a prenuptial agreement unenforceable, small mistakes can create litigation that the contract was meant to avoid. However, working with a skilled Prince George’s County lawyer can help ensure that a prenuptial contract is as airtight as possible.
Talk to a Prince George’s County Prenuptial Agreements Attorney Today
While prenuptial agreements can be very helpful for any engaged couple, ensuring that a contract covers important issues relevant to your future marriage can be tricky, especially if you and your partner have numerous personal assets, own a business or complex financial holdings. In most cases, the best way to make sure the drafting process for a prenup goes smoothly is by enlisting the help of experienced legal counsel.
The guidance and support of a Prince George’s County prenuptial agreements lawyer can play a key role in formulating an enforceable contract that protects both you and your future spouse’s rights. Call today and set up an initial meeting to discuss your options.