Strategic Marital Contract Drafting for Couples in Montgomery County
Marriage is both a personal commitment and a legal contract. When you marry, Maryland law automatically establishes financial rights and obligations between spouses, such as rights to property division, potential claims for alimony, and inheritance interests. For many couples, particularly those bringing significant assets, business interests, or family wealth into the marriage, these default rules may not reflect their intentions or protect their individual interests.
Fatemi Law drafts and reviews prenuptial agreements for couples in Montgomery County who want to define their financial rights and responsibilities before marriage. We approach these agreements as tools for financial clarity and conflict prevention, not as preparations for divorce. By addressing asset protection, property division, and spousal support in advance, couples can enter marriage with a clear understanding of their financial landscape and a foundation built on transparency.
Protect your assets before marriage. Call our Gaithersburg prenuptial agreement attorney at (301) 857-4914 to discuss drafting a legally sound marital contract.
Protecting Pre-Marital Assets & Defining Marital Property in Maryland
A prenuptial agreement creates a clear line between separate property and marital property. Without this distinction, assets you owned before marriage can become marital property through commingling: depositing separate funds into a joint account, adding your spouse's name to a deed, or using marital income to improve separate property. Once commingling occurs, tracing and recovering your separate property becomes complicated and expensive.
We draft provisions that protect pre-marital assets, family inheritances, and business interests. If you own a company, have a professional practice, or expect to inherit family wealth, a prenuptial agreement can help protect your assets from being claimed by your spouse in the event of a divorce. The agreement can also clarify how the appreciation of separate property will be treated and establish protocols for maintaining separate assets throughout the marriage.
Beyond asset protection, prenuptial agreements can address financial expectations during the marriage: how household expenses will be divided, how joint savings will be managed, and how future earnings will be treated. Maryland law respects the right of parties to contract regarding their property rights. A properly executed agreement can waive rights to marital property division, alimony, and other financial claims that would otherwise arise upon divorce or the death of one of the parties.
Common Provisions in Prenuptial Agreements
Prenuptial agreements address financial matters that would otherwise be litigated during divorce proceedings.
Common provisions include:
Real property division. Primary residences, vacation homes, investment properties, and rental real estate.
Retirement accounts and pensions. Treatment of accounts accumulated before and during marriage.
Business interests. Valuation methods, buyout provisions, and protection from claims against business assets.
Spousal support. Waivers of alimony or limitations on the amount and duration of support payments.
Debt responsibility. Protection from liability for pre-marital debts incurred by the other spouse.
Inheritance rights. Waivers or modifications of statutory inheritance claims
Maryland law permits parties to contract regarding alimony, but courts review support waivers for fairness and may decline to enforce provisions that leave one spouse without adequate means. We advise clients on the enforceability of support provisions and draft language that strikes a balance between protection and reasonableness.
Enforceability Requirements Under Maryland Law
A prenuptial agreement is only valuable if it holds up in court.
Maryland law imposes specific requirements for enforceability, and failing to meet these standards can render the entire agreement unenforceable:
Full financial disclosure is required. Both parties must provide complete and accurate schedules of assets, liabilities, income, and financial obligations. If one party conceals assets or provides misleading information, the agreement can be challenged and set aside based on fraud or misrepresentation. We guide clients through the disclosure process to create a record that withstands scrutiny.
The agreement must be voluntary. Courts will examine whether both parties entered the agreement freely, without duress or coercion. Timing matters; presenting an agreement days before the wedding raises red flags. We advise clients to begin the process well in advance of the marriage date, allowing both parties sufficient time to review the terms with independent counsel. Maryland courts examine prenuptial agreements for procedural fairness at the time of execution and substantive fairness at the time of enforcement, making careful drafting and thorough documentation critical.
Begin the prenuptial agreement process with confidence. Reach out to our Gaithersburg, Maryland prenuptial agreement lawyer at Fatemi Law at (301) 857-4914 or through our online consultation form.
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