If you are contemplating a prenuptial agreement, or you have been presented with one to sign, it is important to speak with a Maryland family law attorney who can help you. You need someone who can help draft and/or review a prenup agreement, as well as someone with experience defending or challenging them in court.

Maryland Law and Prenuptial Agreements

Maryland handles prenuptial agreements slightly differently than other states, as there are no specific laws that govern these types of agreements. Instead, they are treated as a standard contract and are subject to the general principles under contract law. A prenuptial agreement needs to be in writing, and both parties must agree to its terms.

Couples who have an existing prenuptial agreement and plan to divorce will need to have the court determine the validity of the agreement. The courts will look at several important elements, including whether or not the agreement was fair and equitable; did the parties provide a full and honest disclosure of their assets; did each one enter into the agreement voluntarily, knowingly, and freely; and finally, did each side seek their own independent legal advice prior to signing?

The court looks at each one of these factors and determines whether one side was either defrauded or coerced into the agreement. It is recommended that both sides retain their own counsel who can independently review the agreement and verify that there are no issues with the agreement. You also need to ensure your rights are protected — do not ever agree to and sign a prenup prepared by your soon-to-be-spouse’s attorney. It may not be intentional, but remember, your fiancé’s attorney has your future spouse’s best interests in mind, not yours.

Maryland prenuptial agreements also need to be ‘supported by consideration,’ which essentially means that there needs to be something of value exchanged. Thea act of marriage itself would be consideration. This means that if the marriage did not take place, the prenuptial agreement is not valid, since it would only be triggered by the act of marriage.

Reasons for Getting a Prenup Agreement

Many people do not think they need a prenup, only to go through a messy divorce down the line with major regrets. Prenuptial agreements can do more than just protect assets. They can address any financial concerns you have, help promote communication between you both, and potentially reduce conflict in the event of a divorce. While prenuptial agreements can be one-sided at times, there are plenty of couples who work on creating a prenuptial agreement together. No prenuptial agreement is the same, and they can be customized for each couple’s specific situation and needs.

Contact a Maryland Family Law Attorney

If you do not take the proper steps to ensure your prenup is valid, what is the point? You will have wasted time and money to protect your assets, only to find out they are not protected after all. This is one of the many reasons why it is so important to make sure your prenup has the right information and will be legally binding. If you need assistance, contact the Law Offices of Robert R. Castro at 301-870-1200 to schedule an initial consultation.