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:
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 Montgomery County and throughout Maryland. We also have a satellite office in Bethesda.