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Prenuptial and Postnuptial Agreements Lawyer In Owings Mills

prenup and postnup

Prenuptial and postnuptial agreements carry with them numerous negative connotations. Many people are reluctant to present a Prenuptial Agreement to their partner because they believe that these agreements indicate a lack of trust. However, these Agreements are appropriate and necessary in many cases. They actually serve to alleviate mistrust and suspicion in your future which is essential to a happy marriage.

What is a Prenuptial /Postnuptial Agreement?

A prenuptial agreement, also commonly referred to as a “prenup”, is a contract between couples who are not yet married. Postnuptial Agreements can also function in much the same way. However, it is better to enter into a prenup, rather than a postnup for various legal reasons. These documents both serve to ensure that both spouses retain ownership of the assets they brought into the marriage. It also establishes which assets will be jointly owned and which will remain solely theirs throughout the marriage in the event the marriage ends. If you have additional questions about these Agreements, contact our experienced divorce lawyer, Zhanna A. Maydanich, at ZM Law Group in Owings Mills, MD.

A prenuptial agreement includes:

  • Full disclosure of assets owned by each party before marriage
  • Agreement as to how joint property which is acquired after marriage will be divided in the event of divorce or death
  • The allocation of debt responsibility in the event of divorce or death
  • Considerations for the division of assets in the event either of the spouses has a business pre and post marriage.
  • Alimony and allocation of other assets via Marital Property award in the event of Divorce

Who Needs a Prenuptial Agreement?

A prenuptial agreement is meant for anyone who has, or expects to acquire, any assets they want to protect from a claim by the other spouse in the event of divorce or death. There are some specific circumstances that may lend themselves well to these agreements. For example, people who have pre-marital assets, own their own businesses, have children from previous relationships, or people who want to use their assets for specific purposes in the future. This can also be beneficial when people want to avoid taking on the debts of their spouse currently or in the future. Many other issues can be addressed in a prenuptial agreement.

Prenuptial agreements are very common for couples who have children from previous marriages and who would like to ensure that their inheritance remains as intended. Though no one gets married intending to get a divorce, these things do happen, and when they do, it’s better to be safe than sorry.

Do You Need a Lawyer for a Prenuptial Agreement?

Like any legal document, a prenuptial agreement is only as useful as it is legal. Thus, drafting the document with a lawyer involved will ensure that the document is viable in a Maryland court. Without the legal knowledge required, your prenuptial agreement may not be valid and may not be enforceable in Court in the event that you get divorced, which will spell disaster for your future. It is important to have peace of mind that the prenuptial agreement is legal and properly constructed by legal counsel.

Frequently Asked Questions

What is the difference between prenuptial and postnuptial?

The primary distinction between a prenuptial and postnuptial agreement lies in the timing of their execution. A prenuptial agreement, often called a “prenup,” is crafted before marriage, outlining the division of assets in the event of divorce or death. In contrast, a postnuptial agreement occurs after marriage. Both serve to address financial matters, including asset ownership, debt responsibility, and potential alimony. While a prenup anticipates these terms before marriage, a postnup provides a means for married couples to establish similar arrangements, enhancing financial clarity and protecting individual interests during the course of marriage.

What will happen if I get married without entering into a post-nuptial agreement?

Opting to marry without a postnuptial agreement means relying on default legal provisions in the absence of predefined terms. Without a postnup, the division of assets, allocation of debts, and potential alimony decisions may be subject to the applicable state’s marital laws. This lack of specificity can lead to uncertainties and disputes during a divorce, emphasizing the importance of clearly defined financial arrangements to avoid complications.

Can I enter into a pre or post-nuptial contract if I am already married?

Yes, individuals already married can enter into either a prenuptial or postnuptial contract. While the term “prenuptial” suggests the agreement’s creation before marriage, a postnuptial agreement serves the same purpose for couples already wed. Whether before or after marriage, these agreements offer a legal framework for addressing financial matters, providing clarity and protection for both spouses.

Can I make changes to the post-nuptial contract after marriage?

Modifying a postnuptial contract after marriage is possible, but it typically requires mutual consent. Any changes should be documented through a formal amendment process, ensuring both parties agree to the modifications. This collaborative approach fosters transparency and fairness, acknowledging the evolving needs and circumstances of both spouses during their marriage.

Are post-nuptial agreements enforceable?

Yes, postnuptial agreements are generally enforceable, provided they meet legal requirements. Courts commonly uphold these contracts when they involve full financial disclosure, demonstrate fairness, and are entered into willingly by both parties. However, factors such as coercion, fraud, or unconscionable terms can render an agreement unenforceable. Seeking legal counsel during the creation of a postnup enhances its validity and ensures compliance with relevant laws, increasing the likelihood of enforceability.

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Howard County:

Clarksville (21029), Columbia (21044), Cooksville (21723), Dorsey (21075), Elkridge (21075), Ellicott City (21043), Fulton (20759), Glenelg (21737), Glenwood (21738), Granite (21163), Hanover (21076), Highland (20777), Jessup (20794), Lisbon (21765), Marriottsville (21104), North Laurel (20723), West Friendship (21794), Woodbine (21797), Woodstock (21163), and more.

Carroll County:

Eldersburg (21784), Finksburg (21048), Hampstead (21074), Manchester (21102), Marriottsville (21104), Taneytown (21787), Union Bridge (21791), Westminster (21157, 21158), Mount Airy (21771), New Windsor (21776), Sykesville (21784), Woodbine (21797), Taneytown (21787), and more.

Harford County:

Aberdeen (21001), Abingdon (21009), Bel Air (21014, 21015), Darlington (21034), Edgewood (21040), Forest Hill (21050), Jarrettsville (21084), Joppa (21085), Pylesville (21132), Whiteford (21160), White Hall (21161)

Anne Arundel County:

Annapolis (21401, 21403, 21409), Arnold (21012), Crofton (21114), Crownsville (21032), Gambrills (21054), Glen Burnie (21060, 21061), Hanover (21076), Jessup (20794), Pasadena (21122), Severn (21144), Severna Park (21146).

And the rest of Maryland.

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