Glen Burnie Prenuptial and Postnuptial Agreement Attorneys
Knowledgeable Attorneys for Marital Agreements in Glen Burnie, Maryland
The subject of divorce can be full of uncertainty, to a point where many engaged or happily married couples shy away from thinking about it. However, having an agreement in place can help to ease the burden on both parties, even if divorce never comes to pass. A skilled Glen Burnie family law attorney can help you create and enforce a binding legal agreement to protect your best interests.
A prenuptial or postnuptial agreement can be an incredibly versatile tool, but it is important that you draft the document correctly, as a misstep could lead to it being thrown out of court. At Zide Law Group, LLC, our lawyers can walk you through the steps and advise you of any potential liabilities along the way.
What Is a Marital Agreement?
There is a slim difference between prenuptial and postnuptial agreements, with prenuptial agreements being signed before the marriage, while a postnuptial agreement is signed during the marriage. Marital agreements are used to essentially set the terms for your divorce, usually related to concerns about finances or property division.
Maryland is an equitable distribution state, so when a divorce goes to court, the courts will divide up marital property according to what is most fair. Formerly separate property can become marital property when assets become mixed together, or when one spouse contributes to it with their own labor. Having a prenup or postnup written can help to keep these assets separate, greatly simplifying the process of property division.
A property division can also include stipulations for alimony, allowing couples to decide how much should be paid in support and for how long.
Restrictions on Marital Agreements in Maryland
Prenuptial agreements are powerful documents, but they are not without their limits. Your prenup or postnup cannot include any terms about child custody or child support, as a pre-existing agreement cannot override the child's best interests.
Among other restrictions, a prenup or postnup cannot include any provisions about agreeing to divorce after becoming married. Similarly, spouses cannot be compelled to marry in a prenuptial agreement except in cases where one spouse is pregnant.
At Zide Law Group, LLC, we can review your prenup to make sure the terms can be enforced in court. If any of the terms of the document come too close to violating the law, we will bring it to your attention. We will always work to protect your best interests as we listen to your concerns.
Can a Prenup or Postnup Be Contested in Court?
Even if you have an agreement in place, it is entirely possible to challenge the document in court. A judge could strike down a prenup or postnup if:
- One party was coerced into signing or signed under duress
- The terms are significantly unfair to one party
- The document was signed under false pretenses
- A mistake was made in the drafting or signing of the document
Contesting a prenuptial or postnuptial agreement can be difficult without a solid foundation of proof to support the allegations. At Zide Law Group, LLC, our attorneys can help you build a case to have the agreement struck down. We can also defend the validity of your marital agreement in court.
Meet With a Glen Burnie Prenuptial and Postnuptial Agreement Lawyer Today
Drafting and signing a marital agreement can help to settle disputes in your divorce, and it can ease your worries even if you never end up separating from your spouse. At Zide Law Group, LLC, our Glen Burnie, Maryland marital agreement attorneys can help assist you in writing a valid marital agreement. Call our offices at 410-760-9433 or contact us online to schedule an initial consultation with our team of attorneys today.