There are many reasons to consider entering into a prenuptial agreement prior to your wedding. A Baltimore Prenuptial Agreement lawyer can help explain the reasons for a prenuptial agreement and whether it is a good fit for your situation.
Some common questions are:
How do I protect my premarital assets during a marriage and in the event of divorce?
How can I avoid a costly and contentious divorce like my parents experienced?
How can I make sure I am protected in case of divorce but I haven’t worked during the marriage?
These questions have important answer and if you are asking these question than a consultation with a Baltimore prenuptial lawyer may be right for you.
Maryland Prenuptial Agreements
Maryland does not have a uniform prenuptial or premarital agreement statute addressing prenuptial agreements. Until 1984, prenuptial agreements were frowned upon by Maryland Courts. However, Maryland family law now allows people before and after marriage to enter into enforceable agreements (contracts) to resolve their issues especially property distribution, alimony and attorney’s fees.
It is important that each potential spouse consult with a lawyer to review the prenuptial agreement prior to signing.
Under Maryland Law a court will evaluate the validity of prenuptial agreement. Generally, the test that a Maryland Court will apply to uphold or overturn the agreement is” whether there was overreaching, that is, whether in the atmosphere and environment of the confidential relationship there was unfairness or inequity in the result of the agreement or in its procurement. Frank, full and truthful disclosure of what is being relinquished (or in lieu thereof actual knowledge otherwise available or obtained) is the key that turns the lock of the door leading to impregnable validity.” Harbom v. Harbom, 134 Md. App. 430, 741 (2000)
Usually, if each party is represented and fully advised of their rights, courts will uphold an otherwise valid Maryland prenuptial agreement.
To ensure that the prenuptial agreement is valid and enforceable it is a good idea to call a Baltimore prenuptial agreement lawyer to draft and explain the law to you. A person should never sign a prenuptial agreement without first consulting with a lawyer because of the many rights you may be giving up that you did not know you had or did not care to consider at this time in your life.
Contact a Baltimore prenuptial agreement lawyer David D. Nowak 443-470-9071 www.davidnowaklaw.com
Each case is different so you should consult an attorney to receive legal advice for your specific situation. This post is for general legal information and is not legal advice.