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United States District Court for the District of Maryland
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Bar Association of Montgomery County, Maryland

Prenuptial agreement

Marriage is the joining together of two lives and is a joyous celebration for any family. But, before entering into a marriage, you want to make sure that you protect the life you have built for yourself. One of our Maryland prenuptial agreement attorneys can assist in making sure your interests are protected.

A prenuptial agreement (sometimes referred to as an ante-nuptial agreement) is an agreement entered into by two (2) people who intend to marry. This agreement sets forth each party’s rights with respect to any and all property owned by the other party. A prenuptial agreement protects your property – real estate, money, business interests, etc. – in case you and your future spouse should ever divorce.

Should the parties ultimately file for divorce, the judge will decide if the prenuptial agreement is valid and should be enforced. In doing so, the Court will consider several factors including:

  1. Whether the agreement was fair and equitable based on the circumstances existing at the time the agreement was signed;
  2. Whether the parties each gave a full, complete, and truthful disclosure of their assets prior to the signing of the agreement;
  3. Whether the agreement was entered into freely, voluntarily, and knowingly by each party; and
  4. Whether each party sought independent legal advice prior to signing the agreement.

This is why it is so important to have a knowledgeable and experienced Maryland prenuptial agreement attorney assisting you in the drafting and negotiation process. You want to be sure any agreement you sign protects your rights, but also that the agreement will be legally binding and enforceable. If you are considering entering into a prenuptial agreement, call our office.

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