Prenuptial Agreements in Maryland

When you are planning to get married, there is a great deal to do in what never seems like enough time.  You have to pick a date, book a venue, select invitations, pick a caterer, work with florists, and do any number of things to make your special day is as wonderful as it could be.  While this is a lot of work, it is also a time of excitement and happiness, whether you are walking around your favorite retailer with a handheld scanner creating a wedding registry or planning your honeymoon, the work all seems worth it.

On the other hand, discussing a prenuptial agreement with your spouse is not generally as fun as other aspects of planning a wedding and, in fact, can lead to a certain level of disagreement.  This is to be expected, because, when you are planning your life together, telling your future spouse you want to be protected if the marriage doesn’t work out is not what everyone wants to hear.

However, the first thing that you must understand, is that in today’s world, where many marriages end up in divorce, you really should make sure your financial wellbeing is properly protected before entering into a marriage. Another important fact that should be mentioned is that a valid prenuptial agreement not only protects your financial interest in the case of a divorce, but also is designed to be inherently fair and provide your future spouse with a level of protection.  This may be something you can explain to your future spouse to ease the tension.   While every situation is different, as the facts are never the same, a conversation with your prenuptial agreement lawyer in Montgomery County Maryland may help put your mind at ease and give you some pointers for discussions with your future spouse, as this is often a delicate issue.

Validity of a Prenuptial Agreement in Maryland

Generally speaking, a prenuptial agreement will be honored in Maryland courts.  However, in the relatively recent case of Stewart v. Stewart, the court invalidated a prenuptial agreement entered into in 1988.  The reason the court did not deem this agreement to be valid is because the husband allegedly failed to disclose all of his assets.  This is one of the most important things to keep in mind when presenting a prenuptial agreement to your spouse.  It will only be valid if you have fully disclosed all of your assets, so that he or she can understand the risks and benefits of signing the agreement.

The family law attorneys at DiPietro & Wise, LLC have years of experience handling domestic relations cases in jurisdictions across Northern Virginia, Washington, DC and Maryland.  Contact us to schedule a consultation.

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