Prenuptial Agreements in Maryland
By Garner & Garner, P.A.
Aug. 26, 2013 4:25p
Figuring out how your financial matters will be handled should your marriage end in divorce or your spouse pass away does not sound like a very romantic action to take. That is the common perception by most people of prenuptial agreements. Going through the process of creating such an agreement can, however, build trust and respect for those who are about to enter the contract of marriage. Making decisions about these financial matters while you are in sync with your partner is a much better option than engaging in a bitter battle during a divorce, when revenge, anger, and hostility often preside over the process.
For starters, you and your prospective spouse will be required to make a full financial disclosure to one another and to designate what will be marital property and separate property. You will be required to engage in open and honest communication regarding how your property, assets, possessions, and finances will be handled or distributed should the marriage end. This may be especially important in second or third marriages where the parties have children from previous marriages or where parties wish to financially protect aging parents, disabled relatives, or other beneficiaries important to them. It may be vital to someone who has accumulated his or her own property or assets prior to the marriage which is designated for others beside the new spouse-to-be.
A prenuptial agreement must be in writing and must be a fair and reasonable agreement. It cannot overly favor one spouse nor have anything in it which would be considered "unconscionable." Both spouses must enter into the agreement voluntarily and without duress and each party must have the opportunity to get his or her own legal advice regarding it.
Divorce and Family Law Firm Serving Columbia, Maryland
Family law matters such as divorce and prenuptial agreements are very personal issues and can be rife with emotional challenges. That is why it is important to get experienced and skilled legal advice and guidance as you go through a divorce, child custody dispute, or any other legal matter concerning family law. The more you understand the process and the legal requirements and repercussions, the better off you will be.
For those facing family law issues in or around Columbia, Garner & Garner, P.A. offers competent and compassionate legal representation and assistance. As a divorce and family law practice, the firm has been helping people since 1985. Its legal team has 44 years of combined experience in resolving divorce, domestic violence, child custody, child support, paternity, support and custody modifications, and all other family law matters. That length and depth of experience speaks for itself when it comes to looking for the right law firm to handle your legal matter. If you need to resolve a divorce or family law issue,
contact the firm to arrange for a free consultation to learn more about your particular situation and how this long-established and skilled law firm can assist you.
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