Prenuptial & Postnuptial Agreements in Maryland
No reasonable couples enter into a marriage thinking that they are likely to become divorced someday.
However, many reasonable and smart individuals – in the planning period leading up to marriage – do contemplate and have very concrete wishes regarding how certain assets, liabilities, income, and other obligations should be treated in the future, regardless of the pending marital relationship.
In those situations, the family lawyers at Trainor, Billman, Bennett, Milko & Smith carefully work with our clients to craft both Prenuptial and Postnuptial Agreements that carry out these objectives.
Prenuptial Agreements in Maryland
A prenuptial agreement is a legally binding contract that is entered into by the parties in contemplation of marriage. A client’s desire and need for such an agreement can derive from a number of legitimate concerns. For example, in some circumstances, a party may be entering into the marriage with sizable assets that have been previously accumulated, and that party may wish to ensure that those assets remain separate property, regardless of whether additional investments are made into those properties during the marriage. In other situations, especially in cases of second marriages, a party may have children from a prior relationship, and that party may wish to ensure that certain before-and-after-acquired assets are protected for the benefit of those children, regardless of the outcome of the subsequent marriage.
Prenuptial agreements are also commonly used when one party enters into the marriage with a previously created closely-held or family business. Often, such businesses are the product of years of start-up costs (both financial and otherwise) and sweat equity, and the owner may wish to ensure that this particular asset is treated differently than other assets in the event of any future marital separation or divorce.
Moreover, prenuptial agreements can be fairly crafted and negotiated between two parties in a manner that provides for the promise of future financial stability and/or certainty for each individual. In such circumstances, as opposed to being a stressful point of contention leading up to marriage, the Prenuptial Agreement results in a full, premarital financial disclosure between the parties, and establishes ground rules for how certain property or spousal support issues would be handled in the future under specific scenarios. The end result is often an agreement that affords protection to both parties given their specific needs.
Postnuptial Agreements in Maryland
Similarly, a postnuptial agreement is a legally binding contract entered into by spouses during the marriage. Such agreements often govern property rights and support issues in the event of divorce or a variety of other circumstances. The reasons spouses choose to enter into such agreements are numerous. They can include but are not limited to:
- the unexpected acquisition of new assets and property during the marriage, including inheritances;
- significant changes in the economic conditions or earnings between the parties during the marriage;
- other financial or health concerns;
- a desire to have an agreement that governs certain rights during a period of marital stress or reconciliation; or
- the simple fact that the parties desired to have a prenuptial agreement prior to the marriage but ran out of time to finalize it before the wedding date.
For Questions Regarding Prenuptial & Postnuptial Agreements, Contact Our Anne Arundel County Family Lawyers
Careful and thoughtful planning regarding one’s future is never a bad thing. At Trainor, Billman, Bennett, Milko & Smith, we welcome the opportunity to sit down with you for purposes of reviewing your situation and options. No two cases are ever identical. We will take the time to carefully review all necessary background information, meticulously define all reasonable objectives, and thoroughly explain all available alternatives. We would consider it a privilege to work with you in achieving any necessary and reasonable agreement that protects your economic future, and that of the ones that you love. Please schedule an initial consultation with us at our Annapolis office by contacting us online or calling 410-280-1700.