La Plata Prenuptial & Postnuptial Agreement Lawyer
Protecting Your Future with Smart, Customized Marital Agreements
Marriage is a profound personal commitment, but it also brings legal and financial consequences that can impact your extended family situation and business interests. Whether you’re planning your wedding or already married, a prenuptial or postnuptial agreement can provide clarity, peace of mind, and protection for both parties. At Fanning Law, we help individuals and couples in Charles County and Southern Maryland create enforceable marital agreements tailored to their unique goals and circumstances.
With over 30 years of experience in Maryland family law, La Plata prenuptial & postnuptial agreement lawyer William C. Fanning, Jr. understands how to craft fair and effective marital agreements that withstand legal scrutiny and protect your rights in the event of separation, divorce, death, or other significant events.
What Is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a written contract entered into by two people before they marry. It sets out how certain financial matters will be handled during the marriage and in the event of divorce or death. For instance, prenups can address:
- Division of assets and debts
- Ownership of real estate or business interests
- Spousal support (alimony) terms
- Rights to retirement or investment accounts
- Inheritance rights and estate planning coordination
A properly drafted prenup ensures that both parties enter the marriage with a clear understanding of their financial rights and responsibilities. It can prevent disputes and protect assets accumulated before the marriage or intended for children from prior relationships.
What Is a Postnuptial Agreement?
A postnuptial agreement (or “postnup”) is similar to a prenup, but it’s created after the couple is already married. Spouses may choose to enter a postnup for many reasons, including, for example:
- A significant change in financial circumstances (e.g., inheritance, business success, career changes)
- A desire to reaffirm or redefine the financial terms of the marriage
- As part of reconciliation after marital difficulties
- Planning for potential divorce while still working on the marriage
Like a prenup, a postnup can clarify expectations, preserve individual or family assets, and reduce the risk of litigation should the marriage end.
Why Consider a Prenup or Postnup?
While these agreements were once thought of as only for the wealthy, today they are common tools for anyone who wants to reduce uncertainty and ensure fair treatment in marriage. A marital agreement can be especially useful if one or both spouses have significant premarital assets or if there are children from prior relationships to consider. These agreements offer security and protection when one spouse owns a business or professional practice, there is a significant disparity in income or wealth, or when one party is giving up a career or education to support the marriage. Far from being unromantic, a well-drafted agreement can reflect mutual respect and open communication—key ingredients to a strong and lasting relationship.
What Makes a Prenuptial or Postnuptial Agreement Enforceable in Maryland?
In Maryland, courts will generally uphold a marital agreement if it is in writing and signed by both parties, and each party entered into it voluntarily, without coercion, fraud, or duress. Additionally, there must be full and fair disclosure of assets, debts, and financial circumstances. Finally, courts will not enforce an agreement where the terms are not unconscionable (grossly unfair at the time of signing).
Courts look closely at the process by which the agreement was reached. If one party did not have adequate time to review the document, or if there was pressure to sign without legal advice, the court may refuse to enforce some or all of the agreement. Having an experienced attorney on your side ensures that the agreement is not only well-drafted but is also more likely to be respected by the court if challenged later.
What a Prenup or Postnup Cannot Do
While marital agreements are powerful tools, there are limits. For instance, a prenup or postnup cannot determine child custody or child support in advance. These decisions must always reflect the best interests of the child at the time of separation or divorce. Also, these marital agreements cannot waive a party’s obligation to provide full financial disclosure before signing. They may also be rejected by the court if found to be unconscionable or obtained unfairly, stressing the importance of legal assistance in drafting or reviewing such documents. Fanning Law in La Plata ensures that every agreement we prepare complies with Maryland law and is carefully tailored to your particular situation.
Why You Need a Lawyer for a Prenup or Postnup
Attempting to draft a marital agreement without legal guidance is risky. These are legally binding documents that can significantly affect your financial future. A skilled attorney can:
- Provide a thorough explanation of your rights under Maryland law
- Ensure full and accurate financial disclosures
- Help negotiate fair and appropriate terms
- Draft or review the agreement for clarity and enforceability
- Represent you during discussions or mediation with your spouse and their attorney
Whether you’re bringing significant assets into a marriage, planning for a blended family, or simply want to avoid future disputes, Attorney William C. Fanning, Jr. provides honest counsel and sound legal drafting you can count on.
Serving Clients in La Plata With Respect and Discretion
At Fanning Law, we understand that discussions about finances and future separation can be delicate. We approach these matters with professionalism, sensitivity, and a deep respect for your goals and values. We’ll help you create an agreement that promotes security and understanding while protecting your legal interests.
If you’re considering a prenuptial or postnuptial agreement in La Plata, don’t leave your future to chance. Contact Fanning Law today to get the legal support you need to move forward with confidence.
