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Maryland Prenuptial Agreements Lawyer

When you are about to get married, the last thing on your mind is divorce. However, your financial security and long-term financial goals should be. One way to help achieve some financial security is to consider a prenuptial agreement. Prenuptial agreements, or “prenups” as they are most commonly called, tend to get a bad rap. And, it’s unfortunate, as these types of marital agreements can offer so much to a couple preparing to tie the knot, especially when there are blended families, or this is one partner’s second marriage.

To understand all the potential benefits of a prenuptial agreement, a Maryland prenuptial agreements lawyer can help. The family law attorneys at Henault & Sysko Chartered can answer any questions you may have and prepare a comprehensive prenuptial agreement that will be legally valid and enforceable if need be. Our attorneys have extensive knowledge of Maryland law and understand the nuances of drafting a legal prenuptial agreement.

What You Should and Shouldn’t Do with Maryland Prenups

In order to avoid some potential pitfalls with a prenuptial agreement, here are some general guidelines on what you should and shouldn’t do when it comes to drafting one.

  • You both need to disclose all assets and debts before creating a prenuptial agreement.
  • You should not use the same attorney. It’s really best if you each have your own lawyer.
  • The agreement needs to be consistent and fair to both sides. A prenuptial agreement should not be one-sided and benefit only one spouse in the event of a divorce.
  • Don’t attempt to draft a prenuptial agreement on your own. Yes, you can probably find a thousand templates for prenuptial agreements online, but no marriages are identical, nor is your financial situation exactly the same as any other.

Enforcing Prenuptial Agreements in Maryland

The general purpose of a prenup is to help determine how spouses will distribute property, handle their debts, and address other financial issues in the event they eventually divorce. A prenuptial agreement can also address how some of these issues will be handled throughout the course of the marriage.

A prenup can also protect any assets you or your soon-to-be-spouse own prior to the marriage. It can also protect you from inheriting any debts your spouse has. If you have a child from a prior marriage, perhaps you want to give him or her an inheritance. This can be spelled out in a prenuptial agreement as well.

Like other states, Maryland requires a prenuptial agreement to be in writing. There must be at least two witnesses who also sign the document, verifying you read and signed. Then, either you or your partner’s attorney will file the agreement with the respective court clerk’s office in the county where one of you reside. It’s preferable that the filing be done within three months of when the prenuptial agreement was signed.

Let Our Maryland Family Law Attorneys Help You

If your partner presents you with a prenuptial agreement, or you are considering having one drafted, it’s crucial to have a Maryland prenuptial agreement involved. For more information, contact Henault & Sysko Chartered today to schedule an initial consultation.

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