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Maryland Prenuptial Agreements

Annapolis Marital Agreements Lawyercouple signing a prenup

When a couple makes the decision to get married, it is an excellent choice for a couple to obtain a prenuptial agreement, also known as a prenup or premarital agreement. A prenuptial agreement basically states what both spouses wishes are if the decision should ever be made to file for separation or divorce. It will spell out precisely what type of spousal support or alimony will be paid, and who gets what property and assets.

In the state of Maryland, a prenuptial agreement is a legally binding document. It can be of great comfort to both parties in a marriage because it can help to avoid a long drawn out court battle if a divorce should ever take place. It is also a very positive way for a soon to be couple to communicate their needs and what they want in regards to a marriage. For instance, if a spouse has a business and does not want the other spouse to have any rights to the business if they should divorce, this can be written in a prenuptial agreement and will be upheld by the family law courts.

Can a Prenup Include Child Custody and Support?

Prenuptial agreements are not legally designed to determine child custody or support. This is because child support is a legal right that a parent cannot take away. Also, child custody is determined on what is in the best interests of the child; a contract created by the parents cannot decide on this.

What Makes a Prenuptial Agreement Valid?

Most states utilize the Uniform Prenuptial Agreement Act when evaluating the validity of a prenup. However, Maryland enforces prenups the identical way as other contracts created in the state. Essentially, the prenuptial agreement must be in writing, with each spouse signing the document. All assets and debts must be disclosed by each party unless one spouse agrees to waive that right. Once the couple is married, the agreement becomes valid.

The validity of the document can be challenged, if one or more of the following exists:

  • Fraud

  • Undue influence or duress

  • Unconscionability

  • Coercion

How Long Does a Prenuptial Agreement Last?

Usually, there is no expiration on a prenup unless the agreement specifically says so. There must be specific provisions within the agreement that document when and if the prenup will expire. Even then, a judge must approve of the provisions to ensure that it is fair for both sides. Maryland is unique, in that no law specifically governs prenuptial agreements. This is handled by contract law only. For this reason, it is important to discuss the legalities surrounding prenups with one of our attorneys.

Speak With Our Prenup Lawyer Today

Please contact the Law Office of Nicholas T. Exarhakis today to learn more about the legal steps that couples may take to avoid any negative conflicts should they ever decide to separate or divorce. A knowledgeable Annapolis prenuptial agreements attorney will meet with potential clients during a free initial consultation. During the consultation, we can explain why obtaining a prenuptial agreement is so very important both now and in the future. The Law Office of Nicholas T. Exarhakis provides sound legal advice, guidance and services to clients in need of experienced legal representation.

Please contact an Annapolis prenuptial agreements lawyer at our firm to discuss any type of family law matters in regards to marriage, divorce, separation, child custody or estate planning.

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