Baltimore, Maryland Prenuptial and Postnuptial Agreement Attorneys

Lawyers Helping Clients Create Prenups and Postnups in Baltimore

When couples discuss marriage, they may talk about their shared future, their common goals, and the life they plan to build together. However, a couple may also want to consider what will happen if their marriage does not work out, and they may create legal agreements to make sure they both feel secure. Prenuptial and postnuptial agreements can help couples take an honest approach to major legal and financial commitments while protecting their financial interests and helping them avoid conflict in the future.

The lawyers at Silverman Thompson can help clients create prenuptial and postnuptial agreements that protect their rights and interests. We can make sure agreements meet all legal requirements to be enforceable in a divorce, and we will help clients understand how they may be affected by the decisions they make in these matters.

Prenuptial Agreements

A prenuptial agreement or prenup is a contract that two people create before they get married. It can set financial terms that will be followed during their relationship, and it can detail how certain matters will be handled when their marriage ends, including through divorce or the death of either spouse.

People may decide to create prenuptial agreements for a wide range of reasons. In many cases, they will be looking to protect pre-marital assets. A person who has significant savings, investments, real estate property, or other assets may want to ensure that they will be able to maintain ownership of those assets if their marriage ends. Without a prenuptial agreement, one spouse's assets could become intertwined with marital property, which could require them to divide some of those assets if the couple gets a divorce.

Business ownership is another common reason for a prenuptial agreement. A person who owns a business may want to protect their company from being divided in a divorce. A prenuptial agreement can establish that the business is the owner's separate property, allowing them to maintain full ownership of the business after a divorce.

A person who has children from a previous relationship may want to ensure that specific assets will go to those children rather than being divided in a potential divorce. A prenuptial agreement can state that certain assets are separate property rather than marital property, and it can detail how assets will be distributed to children if the marriage ends or if the parent dies.

Some couples may use prenupts to define how financial matters will be handled during their marriage and how certain issues will be handled in a potential divorce. Making decisions ahead of time can help to prevent conflict, and it will allow a couple to determine how various matters will be addressed in the future.

Postnuptial Agreements

A postnuptial agreement or postnup may serve many of the same purposes as a prenuptial agreement, but it will be created after a couple's marriage has already begun. There are a variety of reasons that married couples may decide to create postnuptial agreements.

A major change in the financial circumstances of one or both spouses may be a reason to create a postnup. One spouse may receive an inheritance, or their income may increase substantially as they advance in their career. A postnuptial agreement can address financial concerns related to these changes, ensuring that certain assets will be protected if the marriage ends.

Marital difficulties may be a reason for a couple to create a postnuptial agreement. As a couple works to resolve their differences or determine whether they want to move forward with a divorce, one or both spouses may want to put certain terms in place to make sure their financial interests will be protected. A postnuptial agreement can help spouses decide what will happen if they choose to get a divorce, making sure they understand the stakes involved as they address relationship issues.

Issues related to businesses may also lead spouses to create postnups. When one spouse starts a company, takes on a business partner, or makes a significant investment in a business, they may want to make decisions about how their business interests will be addressed in a potential divorce. In addition to protecting a business, a postnup may be used to make sure the other spouse will not suffer financial harm if the business fails.

Issues That Can Be Addressed in Prenuptial and Postnuptial Agreements

Prenups and postnups can address multiple types of issues related to property and finances, including:

Deciding Whether Assets Are Marital Property or Separate Property

An agreement can define which assets will be treated as the separate property of each spouse and which will be treated as marital property. This can ensure that a person will be able to maintain ownership of assets they brought into their marriage.

Division of Assets

An agreement can include decisions about how different types of property will be divided if the couple decides to divorce. By agreeing on these issues in advance, a couple may be able to reduce or avoid conflict if their relationship breaks down and their marriage ends.

Treatment of Debts

An agreement can address the spouses' existing debts and their future debt obligations. A couple may decide that each spouse will be responsible for their pre-marital debts, and they can make decisions about how debts incurred during their marriage may be allocated between the parties in a divorce. This can help protect a spouse from being held responsible for the other spouse's debts.

Spousal Support Provisions

An agreement can address whether spousal support will be paid after a divorce, and if so, how much will be paid and how long payments will last. This can provide a spouse with certainty that they will be able to meet their financial needs and maintain their standard of living if the marriage ends.

Contact Our Baltimore, MD Prenuptial and Postnuptial Agreement Lawyers

Whether you are preparing for marriage or want to make decisions about what will happen if you choose to get a divorce, the attorneys at Silverman Thompson can help you understand your options and work with you to create a prenuptial or postnuptial agreement that will meet your needs. We can help you draft an agreement, negotiate its terms, and make sure all legal requirements are met for the agreement to be enforceable in a potential divorce. Contact our Baltimore prenup/postnup attorneys at 410-385-2225 to speak confidentially with a member of our legal team.