Columbia Prenuptial & Postnuptial Agreement Lawyer
Many people think of prenuptial agreements as fitting only for wealthy couples, or situations where one spouse makes substantially more money than the other. The truth is that any couple can benefit from a prenuptial agreement. These arrangements help marrying couples start their marriage off on the right foot, with their eyes open about each other’s financial situations and on the same page regarding what should happen in case of death, divorce, or some other event in their lives. Should something happen, the prenuptial agreement helps ensure that both parties are taken care of, and neither one is taken advantage of. Prenuptial agreements, therefore, help the couple embark on their new life together with peace of mind, safety and security.
The Columbia prenuptial & postnuptial agreement lawyers at Weinberg & Schwartz, L.L.C., can help you through this process by negotiating, drafting or reviewing a prenuptial agreement to make sure it meets your needs and is valid and enforceable under Maryland law. If you didn’t sign a prenup before marriage, we can also guide you through the drafting of a postnuptial agreement at any time during your marriage, which can accomplish many of the same purposes as a prenuptial agreement.
What Can a Prenuptial or Postnuptial Agreement Accomplish?
Parties to a prenuptial or postnuptial agreement may contract with respect to:
- The rights and obligations of each of the parties in any of the property of either or both of them regardless of when or where the property acquired or located.
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
- Spousal support or alimony.
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
- The ownership rights in and disposition of the death benefit from a life insurance policy.
- The choice of law governing the construction of the agreement.
- Any other matter, including their personal rights and obligations, not in violation of public policy or statute imposing a criminal penalty.
What Makes a Prenuptial or Postnuptial Agreement Valid and Enforceable?
A prenuptial agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. A postnuptial agreement is an agreement between spouses after marriage in the event of death, separation or divorce and to be effective upon death, separation, or divorce.
Prenuptial and postnuptial agreements must be in writing and signed by both parties. These agreements are enforceable under general Maryland Contract Law; there is no Maryland statute governing the validity of prenuptial or postnuptial agreements specifically. Considering rules of contract law in Maryland, it is important for the validity of a prenuptial or postnuptial agreement that the agreement be mutually agreed upon by the parties and that each party was competent to make a contract at the time the agreement was executed. That said, a prenuptial or postnuptial agreement is not like any other contract. It’s vital to be represented in the process by an experienced family law and divorce attorney who can make sure your rights and interests are adequately protected and represented in the terms of the agreement. Each party should have their own attorney to aid in the drafting of the agreement or provide an independent review to make it is properly and fairly drafted.
Get the Columbia Prenuptial or Postnuptial Agreement You Need
Weinberg & Schwartz, L.L.C., is a Columbia law firm practicing exclusively in matters of divorce and family law in Howard County. Our attorneys are skilled and experienced in creating prenuptial and postnuptial agreements or challenging them in court when they were improperly drafted. For help with a prenuptial or postnuptial agreement in Columbia, Clarksville, Maple Lawn, Fulton or Ellicott City, call Weinberg & Schwartz, L.L.C., at 410-997-0203 to speak with one of our dedicated Maryland family law and divorce lawyers.