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- Kimberly Arn

Annapolis Prenuptial Agreement Lawyer

With almost 50% of first marriages and 60% of second marriages ending in divorce, it is important to be fully informed of your rights when entering into a marriage contract. If you have assets that you want to protect from a claim by your spouse in a possible future divorce action, contact Arn Family Law to speak with our Annapolis prenuptial agreement lawyer to learn about protecting assets acquired prior to and during your marriage. Our lawyers will explain how the law addresses your assets and income in a divorce and how a pre-nuptial agreement (also called an “ante-nuptial” agreement) may assist you in protecting those assets and future income.

What is a Prenuptial Agreement?

A prenuptial agreement is a written agreement that is made before two parties enter a marriage. A prenuptial agreement is also referred to an antenuptial agreement, prenuptial contract, a premarital agreement and a “prenup”. This written document includes agreements for certain issues such as property rights for before and during the marriage, inheritance rights and alimony issues or monetary awards.

There are several limitations that come with creating a prenuptial agreement, such as a couple may not create a contract before the marriage to divorce afterward. Prenuptial agreements cannot affect child support or child custody and a written promise to marry cannot be enforced unless the woman is pregnant.

Who Should Get a Prenuptial Agreement?

In previous years, only very wealthy individuals considered prenuptial agreements. Today, couples of all income levels can draft up prenuptial agreements. A prenup can protect lots of things, including a party’s family business or a family heirloom. Prenups can also state how certain assets or property will be divided in the event of a divorce in the future.

With the help of a prenuptial agreement attorney in Annapolis, having a prenup can help you avoid disputes if the marriage falls apart.

How to Enforce a Prenuptial Agreement in Maryland

In order for a pre-nuptial (or ante-nuptial) agreement to be enforceable, there must be full and truthful disclosure of all assets prior to the signing of the agreement and the agreement must be entered into voluntarily and freely with full knowledge of the meaning and consequences of the agreement. To meet these ends, the party receiving the pre-nuptial agreement should have adequate time to consider the meaning and ramifications of the agreement and to obtain separate legal counsel to advise them of their rights. Accordingly, don’t wait till a week before the wedding to present your betrothed with a pre-nuptial agreement for signature. It is critical that the receiving party have time to thoughtfully consider the agreement and obtain counsel before signing it. A party that is rushed into signing a pre-nuptial agreement on the eve of the wedding may later try to set the agreement aside claiming that they signed the agreement under duress and without adequate time to consider its meaning.