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RPM Law – Annapolis Prenuptial & Postnuptial Agreement Attorneys Protecting Your Future

Prenuptial & Postnuptial Agreement Lawyers in Annapolis, Anne Arundel County, and surrounding jurisdictions.

RPM Law

Ensuring Your Financial Rights are Protected

Prenuptial and postnuptial agreements are important legal documents that outline how assets, debts, and property will be shared in the event of a divorce or separation in the future. Although discussing these contracts may seem unromantic, they are actually a significant exercise in transparency, responsibility, and mutual respect. A prenuptial agreement is signed before marriage, while postnuptal agreements can be created at any time during a marriage. These agreements are not just for planning a divorce; they serve as a financial foundation for a marriage by establishing clear communication about money, which is one of the most common causes of marital conflict.

These agreements provide certainty and minimize the possibility of future legal disputes, allowing couples to enter into or continue their relationship with confidence and security. It is crucial to have independent legal representation for your family to ensure that your interests are fully protected and the agreement meets all legal requirements. At RPM Law, our prenuptial and postnuptial agreement attorneys in Annapolis work hard to ensure that your agreement is carefully drafted, fair, and thoroughly protects your financial future.

Are you in need of a prenuptial or postnuptial agreement in Maryland? Call RPM Law today at (443) 333-4343 or contact us online to schedule a meeting with our family law attorney.

What is a Prenuptial Agreement in Maryland?

A prenuptial agreement is a legal contract that a couple enters into before they get married. It outlines the property and debts that each person owns and how assets and debts will be divided if the marriage ends. It also specifies whether spousal support will be paid. These agreements are governed by the Maryland Uniform Prenuptial Agreement Act, which establishes the standards for their enforceability in Maryland.

People often choose to enter into prenuptial agreements for various prudent reasons, including protecting the inheritance rights of children from previous marriages, clarifying and safeguarding separate financial and property rights, shielding one party from the other’s pre-marital debts, and establishing clear expectations to avoid a costly and acrimonious divorce. These agreements are especially important for individuals with established careers, business owners, those with significant family wealth or inheritances, and those entering into a second or subsequent marriage. Well-drafted prenups can also help define marital and separate property, preventing asset mixing and simplifying estate planning.

  • Divorce isn’t a fun process, especially when it is unexpected. I was a bit lost but a close friend recommended Samantha Posner. Samantha ensured the process was smooth and resolved efficiently. As an attorney myself, we aren’t always easy clients but Samantha easily met the challenge. If I ever find myself in a situation that requires a family law attorney again (let’s hope not), I will retain Samantha again.

    Joshua


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What is a Postnuptial Agreement in Maryland?

Couples often choose to create postnuptial agreements after getting married for several important reasons. These agreements cover the same basic issues as prenuptial agreements, such as the division of assets and debts, property rights, and spousal support. However, they are created during the marriage rather than before it. For many couples, having a postnuptial agreement can help solidify their relationship by resolving financial issues and providing each partner with a sense of security and fairness. It can also help reduce ongoing tension and conflict related to money.

Postnuptial agreements can be a valuable tool for “resetting” the financial understanding between spouses during a marriage. These agreements can serve as a structured way to address and resolve any financial issues that may arise, effectively saving the marriage from the stress of ongoing monetary conflict. Creating a postnuptial agreement requires full financial transparency and open communication between partners. This process can help rebuild trust and establish a new framework for managing finances that is mutually agreeable for both parties.

What Situations Can Benefit From a Postnuptial Agreement?

Some situations that may benefit from a postnuptial agreement include:

  • Disputes involving finances: To formally resolve recurring arguments over spending, saving, or debt management by creating a binding financial plan.
  • A substantial change in financial status: Such as one spouse receiving a significant inheritance, a large bonus or trust distribution, or launching a highly successful career. The agreement can specify that these new assets remain separate property.
  • Starting a new business: To protect the business and its assets as separate property, define the non-owner spouse’s interest (if any), and shield the business from marital claims in the event of a divorce. This provides security for both the business owner and any investors or partners.
  • A desire to agree to asset and debt division in the event of a divorce: To proactively avoid the uncertainty, cost, and hostility of litigation by agreeing on terms during an amicable period.
  • Reconciliation after a separation: To establish new financial ground rules as a condition of resuming the marital relationship, providing security for both parties moving forward.
  • Estate Planning motivations: To waive certain statutory inheritance rights, ensuring that assets pass according to a specific estate plan, often involving children from a prior relationship.

If you and your spouse are discussing creating a postnuptial agreement in Maryland, it is best for each spouse to have independent legal representation to ensure their interests are protected. At RPM Law, our prenuptial and postnuptial agreements lawyers in Annapolis guide our clients through the process and protect their interests in premarital and postmarital agreements.

  • Samantha is one of the hardest working attorneys you will find. She has assisted me personally and a number of friends/family that I have referred to her over the years. She is an effective communicator, patient and dedicated to her clients. You can always trust she has your best interest in mind.

    Seth

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The Pillars of an Enforceable Agreement in Maryland

To ensure that a prenuptial or postnuptial agreement is upheld by the Maryland court, it must meet strict legal standards. The agreement may be found unenforceable if it was the result of duress, fraud, undue influence, or if it appears to be unconscionable at the time of signing. To protect against these challenges, the process should be fair and transparent. Some key safeguards include: 1) Full and fair disclosure: Both parties must voluntarily provide complete and accurate financial information. Hiding assets or debts may invalidate the entire agreement.

2) Independent legal counsel: Each party should have their own lawyer to advise them on their rights and the consequences of the agreement. While not a strict requirement, the absence of independent counsel can be a major red flag to courts and significantly increase the risk of the agreement being invalidated. 3) Adequate time for review: The agreement must be presented well in advance of signing, especially for prenuptial agreements, which should never be presented right before the wedding. This allows for thoughtful review and consultation with a lawyer.

If you and your partner are considering creating a prenuptial or postnuptial agreement in Maryland, it is essential for each of you to have your own legal representation. These agreements are not meant to be adversarial, but rather protective, ensuring that the final document is fair and legally sound. At RPM Law in Annapolis, our experienced lawyers can guide you through the process of creating a comprehensive and balanced agreement. We will handle all the sensitive negotiations, drafting clear and detailed documents, and protect your interests to ensure a fair and secure agreement. Contact us today to arrange a confidential consultation and start building a stronger financial foundation for your future together.

Contact RPM Law online or call (443) 333-4343 today for a initial consultation to discuss prenuptial or postnuptial agreements in Maryland!

Common Prenuptial and Postnuptial Agreements FAQs

What is the main difference between a prenuptial and a postnuptial agreement?

The key difference is timing. A prenuptial agreement (“prenup”) is created and signed before the marriage takes effect. A postnuptial agreement (“postnup”) is created and signed after the couple is already legally married. Both serve the same essential purpose: to define the financial rights and responsibilities of each spouse and predetermine how assets, debts, and support will be handled in the event of divorce or death.

Are prenuptial and postnuptial agreements legally enforceable in Maryland?

Yes, both are generally enforceable if they meet specific legal requirements. For an agreement to be upheld, it must be: 1) in writing and signed voluntarily by both parties, 2) executed with full and fair disclosure of each party’s assets and debts, and 3) not be unconscionably one-sided or unfair at the time of enforcement. Having independent legal counsel for each spouse is the best way to ensure the agreement’s validity.

What can (and cannot) be included in these agreements?

These agreements can effectively address the division of marital property, assets, and debts, spousal support (alimony), and the disposition of property upon death. They cannot improperly limit or waive a child’s right to future support, as child support is determined by the court based on the child’s best interests at the time of divorce. They also cannot include illegal provisions or non-financial personal clauses (e.g., regarding household chores).

Why would a happily married couple need a postnuptial agreement?

A postnup isn’t a sign of trouble; it’s a financial planning tool. Common reasons include: a significant change in one spouse’s financial status (e.g., an inheritance or starting a business), a desire to clarify financial roles after years of marriage, blending families from previous relationships, or simply wanting certainty to strengthen marital security by resolving financial questions.

Do I need my own lawyer to create a valid agreement?

While not an absolute legal requirement, having separate, independent legal counsel for each spouse is strongly advised. A court is more likely to find the agreement was entered into voluntarily, knowingly, and without coercion if both parties were represented. Your own attorney ensures your rights are protected, explains the long-term consequences, and helps negotiate fair terms.

Can an existing prenuptial or postnuptial agreement be changed or revoked?

Yes. As long as both spouses agree, they can amend (modify) or entirely revoke their existing agreement at any time. This must be done in writing, with the same formalities as the original agreement (voluntary signing, disclosure, and ideally, independent counsel). Changes are common after major life events like the birth of children or a substantial financial windfall.

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