Bel Air Prenuptial Agreement Lawyer
Prenuptial agreements, more commonly referred to as prenups, are financial contracts made before the marriage takes place. A postnuptial agreement is a similar contract, but made after the marriage has already begun. Is a prenuptial agreement right for you, or have you decided that you wish to protect your current marriage with a postnuptial agreement? Our attorneys at the law offices of Schlaich & Thompson Chartered have assisted clients with pre and postnuptial agreements for many years, and have 55 years of combined experience in family law.
Why Get a Prenuptial Agreement?
The most commonly thought-of reason for getting a prenup is to protect one’s property in case the couple ends up getting a divorce. This is particularly prevalent among very wealthy individuals. A poll taken by Harris Interactive found that 15 percent of divorced couples regretted not getting a prenuptial agreement, according to U.S. News & World Report. However, the fear of an eventual divorce is not the only reason to get a prenup. For instance, you may wish to leave your assets or part of your assets to the children of your first marriage. Some of the many reasons for signing a prenuptial contract include:
- When one partner is much wealthier than the other partner;
- Business reasons;
- Alimony and awards;
- When one spouse has a lot of debt that they want to protect the other spouse from; and
- Inheritance.
Are Prenuptial Agreements Always Upheld?
Just because you or the other spouse signed a document does not mean that the court has to uphold it. According to the People’s Law Library of Maryland, if the agreement is “grossly unfair” or if either of the spouses was dishonest with each other, the court may not uphold the agreement. For example, if one party hid assets from the other before signing the agreement, the prenuptial agreement may be declared invalid. In order for your prenuptial agreement to be upheld, you must work closely with an attorney to ensure that every box is ticked, that your and the other spouse’s property is fully disclosed, that debts are fully disclosed, and that there are no discrepancies in the paperwork. Moreover, while a prenuptial agreement protects finances and debt, it can have no say in child custody, child visitation, or child support. Even if you decide to draft your own document, it is in your best interest to consult with an attorney, and have the document signed by a notary public, to ensure that it is truly valid.
Our Prenuptial and Postnuptial Agreement Lawyers Are Here to Answer Your Questions
Pre and postnuptial agreements may serve to strengthen a marriage by fully disclosing each party’s wishes. Whether you want to leave your children your assets when you pass away, or you want to protect your partner from massive college debt, a prenuptial agreement may be right for you. We encourage you to talk over your options with the compassionate and knowledgeable attorneys at Schlaich & Thompson Chartered at your soonest convenience. Our attorneys are here to answer any questions you may have.
