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Premarital Agreements

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 301-417-5351
 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.