Frederick Prenuptial Agreements Lawyer

A prenuptial agreement can protect financial assets, business arrangements, real estate, and other matters important to both spouses before a marriage. An experienced Frederick prenuptial agreements lawyer can help identify what matters to you and how to protect your interests through a prenuptial agreement. Our knowledgeable marital agreement attorneys at Rolle & DeLorenzo can give you more information on your options.

What Is a Prenuptial Agreement?

A prenuptial agreement, often known as a prenup, is a contract that couples agree to before getting married. When executed properly, a court can enforce a prenuptial agreement in the event of divorce. When parties enter into a marriage with special concerns about property distribution or alimony, prenuptial agreements help spouses safeguard assets and prevent future disputes.

A person might want a prenuptial agreement if they enter marriage with significant wealth, a business, stakes in a family business, real estate, or children from a previous relationship that they wish to protect financially. Prenups can cover a wide range of issues and give couples the certainty they need to focus on their marriage instead of financial fears.

Generally, Maryland is an equitable distribution state. This means that the court can treat all property acquired during the marriage as marital property and divide it fairly if the couple divorces. This makes many people nervous. Why leave property division to a judge when there might be a better way to determine the outcome? Maryland Family Law § 8-205 gives the court the authority to review marital property and distribute it under equitable standards. Prenups can avoid leaving these matters up to the courts.

Prenuptial agreements can serve many functions, such as:

• Clarifying which property will be considered marital property and which will remain separate property
• Addressing how the spouses will deal with financial matters during the marriage
• Identifying retirement accounts and addressing how the spouses will manage them
• Assigning certain debts to each spouse
• Protecting business interests
• Protecting real estate interests
• Establishing terms of spousal support (alimony) in the event of divorce
• Setting aside certain financial accounts for children from other relationships

While prenuptial agreements can define how spouses must manage spousal support (alimony) if they separate, they cannot govern child support or child custody arrangements. Only the court system can address those issues. Our Frederick lawyers can identify the issues most important to you and your spouse-to-be and draft a premarital agreement that suits your goals.

What Are the Requirements for a Prenuptial Agreement?

The state has legal requirements for prenuptial agreements to be valid. For a prenup to be legally enforceable after marriage, the spouses must meet the following requirements:

• Put the agreement in writing
• Ensure the agreement is not one-sided
• Fully disclose their finances to each other
• Sign the agreement voluntarily, without pressure or coercion
• Allow each spouse an opportunity to consult a lawyer
• Sign the agreement before the marriage

A judge could reject a prenuptial agreement if the spouses sign too close to the wedding day, it seems unfair, or it contains other noticeable issues. To avoid any complications, it is best to consult an experienced prenuptial contract attorney in Frederick.

Call a Frederick Attorney Today To Protect Your Assets With a Prenup

Prenuptial agreements are a proven way for couples to protect their individual assets as they enter marriage. Resolving complex financial concerns before marriage can also give couples some assurance as they focus on the future. A Frederick prenuptial agreements lawyer at Rolle & DeLorenzo can explain how a prenup could work for you and your significant other. Contact our experienced attorneys today to learn about your options.