Prenuptial agreements often carry a stigma. After all, who wants to plan for a failed marriage? But prenups are actually quite beneficial for couples who simply want to make their financial affairs more predictable–and less litigious–in the event of divorce or even a spouse’s death.

One thing to note here is that although people commonly refer to any agreement regarding the division of assets in the event of death or divorce as a prenup, a couple may sign such a contract even after marriage, i.e. a “postnuptial agreement.” You may also see the term antenuptial agreement used to refer to a prenup. All of these terms basically refer to the same thing–a legally binding contract between spouses, or people who intend to marry, regarding property rights, inheritance, or other issues affecting their financial affairs.

How Maryland Law Treats Prenups

Many states have specific laws dealing with prenuptial and post-nuptial agreements. Maryland does not. Instead, courts in this state rely on general principles of contract law. Some of these principles include the requirement for the contact to be in writing and signed by both spouses. If properly executed, a prenuptial or postnuptial agreement is legally enforceable provided its terms are “reasonable” and there was no fraud or coercion involved.

One thing that can get a prenup declared invalid is if either spouse failed to make a full and honest disclosure of their assets and debts beforehand. In other words, if one spouse hides certain property from the other before the prenup is signed, that can be grounds to have the deal nullified later if there is a divorce. Also, if one spouse demands the other sign a prenup without giving them a chance to read it or consult with their own independent attorney, that can raise a red flag with a judge down the road.

What a Prenup Can (and Cannot) Cover

While a well-drafted prenuptial or postnuptial agreement can help resolve a number of sticky issues in the event of death or divorce, there are some subjects it cannot legally cover. For example, you cannot use a prenup to resolve any potential matters involving child custody or child support. Those decisions must be left to a court, which is required to make determinations as to what is the best interest of the child, not necessarily the parents.

When it comes to other financial matters, however, a prenup can cover anything from the distribution of property and marital assets to requiring either spouse to make certain provisions in their estate plan for the other. A prenup can even address whether either spouse will pay alimony to the other–but again, not child support.

Contact Maryland Family Law Attorney Robert Castro Today

This article has been provided by the Law office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.