How to File a Prenuptial Agreement in Maryland

Many people raise their eyebrows at the idea of a prenuptial agreement, wrongly believing the only reason to file one is because a couple doesn’t trust each other or doesn’t believe the marriage will last. However, there are many valid reasons to file a prenuptial agreement in Maryland and elsewhere, even for couples with a strong, loving bond. Protecting assets for children from prior marriages that would otherwise be subject to inheritance laws, protecting business assets, and addressing obligations from previous marriages, are all reasons for a prenuptial agreement.

Prenups also protect one partner from debts the other had before the marriage. A prenuptial agreement is not a matter of mistrust, it’s a way for each partner to protect themselves, each other, and their children.

If you and your fiance live in Maryland and have agreed to a prenuptial agreement before the wedding, it’s important to understand the process for filing one in Maryland.

What Is a Prenuptial Agreement in Maryland?

In Maryland, a prenuptial agreement is also sometimes called a premarital agreement. Couples of all income levels use prenuptial agreements to clearly define or settle their mutual financial futures. Having a prenuptial agreement does not make divorce more likely for a couple any more than buying car insurance makes you more likely to have an accident. Both offer protection in case the worst happens.

A prenuptial agreement is a legal contract signed by both parties before their marriage. These agreements typically settle issues related to property and businesses belonging to individuals entering into a marriage. It also defines inheritance rights and predetermines alimony in the event of a future divorce. In Maryland, prenuptial agreements fall under the category of contract law.

What is the Process for Filing a Prenuptial Agreement in Maryland?

While not necessary by law, many attorneys recommend premarital negotiation with a neutral mediator to discuss any issues with the potential to cause difficulties later. Because a court could invalidate a prenup if it suspects fraud, undue influence, or duress, it’s important for each future spouse to have a separate lawyer representing them. Prenuptial agreements must be in writing and signed by each party in the anticipated marriage. They must include complete financial disclosures. Hiding assets may later constitute fraud that invalidates a prenuptial agreement.

In rare instances, a court may overturn a prenuptial agreement if its unfairness rises to an unconscionable level. By having lawyers draft and file your prenuptial agreement you can avoid these potential pitfalls.

What Can’t Be in a Prenuptial Agreement?

Some issues do not have legal standing in a prenuptial agreement. For instance, a prenup contract can’t decide on child custody or child support. Couples cannot agree to marry and then divorce later in a prenuptial agreement. The courts can’t enforce a written promise to marry. Prenuptial agreements cannot be enforced if a couple never marries or if the marriage is annulled.

It’s essential for each potential spouse to have his or her own attorney to represent their best interests when drafting a prenuptial agreement.

Prenuptial agreements are not only for the super-wealthy, they are for anyone who understands that marriage itself is a contract. The purpose of a prenup is to anticipate possible future changes and to prepare for them ahead of time.

Maryland Prenuptial Agreement Frequently Asked Questions

What is a prenuptial agreement?

A prenuptial agreement, or “prenup,” is a legally binding contract entered into by two individuals before marriage. It outlines how assets and debts will be divided and addresses other financial responsibilities in the event of a divorce.

Why should I consider a prenuptial agreement?

Prenups can protect individual assets acquired before marriage, ensure a fair property division, and avoid lengthy legal battles if the marriage doesn’t work out. They can also safeguard inheritance rights for children from previous relationships.

What can be included in a prenuptial agreement?

Prenups can cover property division, alimony/spousal support, inheritance rights, management of assets during the marriage, and how debts will be handled. However, they cannot address child custody or child support.

Are prenuptial agreements enforceable in Maryland?

Yes, prenuptial agreements are enforceable in Maryland courts, provided they meet certain criteria: both parties must enter the agreement voluntarily, there must be full and fair disclosure of assets and liabilities, and the terms must be fair and reasonable.

Can a prenuptial agreement be modified or revoked after marriage?

Yes, prenuptial agreements can be modified or revoked after marriage, but both parties must agree to any changes, and the modifications must be documented in writing.

Do I need a lawyer to create a prenuptial agreement?

While it’s not required to have a lawyer, it’s highly recommended to ensure the agreement is legally sound and enforceable. Each party should have independent legal counsel to review the agreement.

What happens if one party doesn’t disclose all their assets?

If one party fails to disclose all their assets, the prenuptial agreement can be challenged in court and potentially deemed unenforceable.

Can a prenuptial agreement be used to avoid paying alimony?

Yes, a prenuptial agreement can include provisions about alimony, specifying whether one spouse will pay the other and the amount and duration of those payments.

Is a prenuptial agreement only for wealthy couples?

No, prenuptial agreements are not just for wealthy couples. They can be useful for anyone who wants to clarify financial matters and protect their interests.

What if we don’t get married?

If the couple doesn’t get married, the prenuptial agreement is typically not enforceable since it was contingent on the marriage taking place.

Contact Our Maryland Prenuptial Agreement Attorney

If you need help writing a prenuptial agreement that is legally valid and enforceable in Maryland, the experienced prenuptial agreement lawyer at Shah & Kishore in Rockville can help you. Our family law firm always tries to reach an amicable resolution, when possible, and attorney Rahul Kishore is trained as a mediator.

To schedule a free consultation with one of our experienced Maryland prenuptial agreement attorneys, contact us online or call (301) 315-0001.

(12/13/2024)