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Lawyer Handles Prenuptial Agreements in Maryland

Both future spouses must approve a premarital agreement

A prenuptial or premarital agreement is a contract that is signed by both future spouses before a marriage but does not take effect until the marriage is final. A prenup establishes who gets what if the marriage eventually ends in divorce. If you are planning to marry and are pondering whether you should sign a premarital agreement, a Maryland attorney at the Law Offices of Ellen L. Lee can help. We are experienced with ensuring that premarital contracts are fair to our clients.

Who needs a prenuptial agreement

You can benefit from a premarital agreement if any of the following applies to you:

  • You have children
  • You own a significant amount of property
  • You own a business
  • Your income is more than $100,000 a year
  • You have previously been married

The benefits of a premarital agreement

In Maryland, a prenuptial agreement provides several benefits in the event of divorce:

  • It helps protect your premarital assets
  • It helps you avoid costly litigation
  • It helps protect you against your spouse’s premarital creditors
  • It protects the interests of any children you have from a previous marriage or relationship

If you divorce without a prenuptial agreement in place, Maryland law calls for the equitable distribution of all of your marital property.

What may be included in a premarital agreement

At the Law Offices of Ellen L. Lee, our family law attorney can draft an effective prenuptial agreement that addresses:

  • Who can use specific credit cards and bank accounts
  • How tax returns will be filed
  • What alimony or spousal support will be provided upon divorce
  • How the assets and debts will be divided upon divorce
  • Rights to life insurance policies and retirement benefits
  • Lifestyle arrangements

What may not be included in a Maryland prenuptial agreement

Although premarital agreements can address a wide range of subjects, Maryland law forbids them from determining some issues, including:

  • They cannot govern child custody, visitation or support
  • They cannot provide financial incentives to divorce
  • They cannot call for any actions that are forbidden by law or public policy

You can revoke your prenuptial agreement

A premarital can be revoked, but only after the marriage and only by written agreement of both spouses.

You need your own lawyer for a prenuptial agreement

You and your future spouse should be represented by separate attorneys when you negotiate a premarital agreement to ensure that each of you understands what rights you are giving up under Maryland law. In fact, if one of you is represented by a lawyer and the other is not, the agreement ultimately may be unenforceable.

Contact our Maryland attorney today to draft a prenuptial agreement

At the Law Offices of Ellen L. Lee, we can help you draft an effective premarital agreement. Learn more by calling our firm at 240-552-6957 or contacting us online. Conveniently located two blocks from the Rockville Courthouse, our law office serves clients in Columbia, Frederick, Annapolis, Bethesda, Montgomery County and the rest of Maryland. We also have a satellite office in Bethesda.

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