Although many people traditionally viewed prenuptial agreements as a tool for the wealthy, they are no longer simply for those who are of high net-worth. These contracts are for any couple who wishes to protect the assets they bring into the marriage, keep debts separate, and safeguard business interests. Importantly, couples in the 21st century may also use prenups to encourage financial transparency, clarify financial expectations during the marriage, and ensure individual financial obligations are defined.

The following are several modern considerations for newly engaged couples who are contemplating entering into a prenuptial agreement in Maryland:

1. Clarification of Financial Expectations

A significant reason many couples enter into a prenup is to help prevent protracted litigation over property division in the event of divorce. However, these agreements can also be a powerful tool to encourage financial transparency and clarify financial expectations before a marriage begins and for years to follow. To create a durable prenuptial agreement a couple will need to discuss financial planning and objectives. These conversations can help to reduce the potential for disputes that may arise over money matters in the future.

2. Digital Assets

Many couples today possess not only traditional assets, but also digital assets. These types of assets should also be addressed in a prenup, just as any other property. Digital assets can include the following:

• Cryptocurrency
• Online businesses
• Domain names
• Social media accounts
• Intellectual property
• Airline miles
• Credit card points

A prenup should specify how each digital asset will be characterized in the event of divorce, as well as clarify how revenues from a digital asset would be divided. For instance, a prenup might clarify that any digital asset owned by either spouse prior to marriage be treated as his or her separate property, and also any income the digital asset generates.

3. Debt Management

Modern prenuptial agreements can be a crucial tool for ensuring debts, such as student loans and credit cards, are kept separate. A prenup can help ensure that each spouse remains responsible for paying individual debts, as well as define how debts incurred during the marriage are shared. Alternatively, if a spouse assists the other with paying down separate debts, a prenup can provide for reimbursement in divorce.

4. Lifestyle and Career Clauses

Prenups can include lifestyle and career clauses that define each spouse’s expectations beyond finances. For instance, they may specify penalties for infidelity (such as forfeiture of assets or alimony) or prohibit posting private or slanderous comments about a spouse on social media. Partners may also outline compensation a spouse would receive in a divorce if they gave up their career to care for children or support the other spouse’s career. However, lifestyle and career clauses may not be grossly unfair or violate public policy.

5. Social Media and Privacy Clauses

Social media and privacy clauses can legally define how couples share information about each other on social media. These clauses can prohibit posting private photos, regulate tagging, and establish rules for posting during the marriage and in the event of divorce. A prenuptial agreement can provide financial or other penalties that may be imposed for violations.

6. Business Interests

A solid prenuptial agreement can prevent a spouse’s business interests from becoming subject to equitable distribution in divorce. It can specifically define a business as the sole property of the spouse who originally owned it, along with any appreciation in value that occurs during the marriage. A clause addressing business interests can also specify that the non-owner should have no control over business operations, voting rights, management decisions, or any other aspect of the business - even if both spouses supported and participated in the business during the marriage.

7. Pet Custody

Although child custody matters cannot be determined in a prenup, pet custody can be addressed. Sometimes referred to on its own as a “petnup,” this clause can dictate pet ownership and care in the event a couple parts ways. While Maryland law still views pets as property, rather than members of the family, these agreements can outline who gets to keep the pet in a divorce and any visitation rights, as well as how expenses associated with the pet will be paid.

8. Sunset Clause

Couples often enter into prenups to protect their assets during the first few years of marriage. Under Maryland law, a sunset clause may be included in a prenuptial agreement that makes the document null and void after a certain period of time or the occurrence of a specific event. For example, a couple might agree that the prenup should expire after ten years of marriage or the birth of a child. Once the agreement is no longer valid, the couple might choose to enter into a postnuptial agreement. Otherwise, Maryland law would dictate the division of property and other financial matters in divorce.

Contact an Experienced Maryland Prenuptial Agreement Attorney

If you and your partner are considering entering into a prenuptial agreement, it’s important to ensure it is customized to fit your specific goals and financial needs. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide our clients with high-quality legal services for a broad scope of matrimonial and family law matters, including drafting, negotiating, and litigating prenuptial and postnuptial agreements. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we work closely with our clients to achieve a favorable outcome in every case.

Many people are familiar with what prenuptial agreements are. But if you don’t have a prenup, it's important to be aware that there is another type of agreement you can enter into to protect your assets. A postnuptial agreement is a contract that can be entered into at any point during your marriage if you anticipate divorce or you want clarity regarding the way in which your finances and property will be managed and owned. While both contracts can accomplish similar objectives in Maryland, the main difference between a prenuptial agreement and a postnuptial agreement is timing. Specifically, a prenup is signed before the couple is married — a postnup can only be signed after marriage.

What is a Prenuptial Agreement?

A prenuptial agreement (often referred to as a “prenup”) is a legal contract entered into between a couple prior to marriage. It can outline the couple’s financial expectations for the marriage, establish their financial responsibilities, and determine how property would be divided if they legally part ways. Critically, if a couple later decides to divorce, a prenup can help avoid lengthy and contentious litigation over the division of assets.

Prenups aren’t only useful in divorce — they can cover a wide range of financial topics related to marriage. Prenups can be used to:

• Outline how financial matters will be handled during marriage
• Define separate and marital property
• Clarify how retirement savings will be handled in the event of divorce
• Specify who is responsible for certain debts
• Safeguard your business interests
• Establish alimony
• Determine pet custody matters

Prenups cannot be used to determine child support or child custody matters. In order to be valid and enforceable in the event of divorce, a prenup must be signed by both parties and entered into voluntarily. Both parties must also have made full financial disclosure and had the opportunity to consult with their own attorney (even if a person decides to sign without the benefit of counsel). If a judge finds that the prenup is unfairly one-sided or was entered into under duress, it may be deemed unenforceable and set aside. It can be very difficult to have a prenuptial agreement set aside once signed.

What is a Postnuptial Agreement in Maryland?

When determining whether a prenuptial agreement or a postnuptial agreement is right for your situation, it’s important to understand how each contract can be used. A postnuptial agreement is a contract that is entered into after the couple is married — as opposed to before the marriage takes place. A postnuptial agreement can address the same subject matter as a prenup, and the same rules for enforceability apply. Notably, if you did not sign a prenup, a postnup can be a second chance to protect your assets.

Postnuptial agreements can be beneficial in the following situations:

• Divorce is anticipated, and you did not protect your property with a prenup
• There have been changes in your financial circumstances
• Your financial goals have evolved
• You received an inheritance
• You started a new business during the marriage
• One spouse has incurred substantial debt
• There is a financial imbalance in the marriage

Like a prenup, a postnuptial agreement in Maryland can be used in connection with estate planning. It can clarify your spouse’s property rights and ensure that children from a previous marriage are provided for in accordance with your wishes.

What are the Pros and Cons of Signing a Prenuptial Agreement vs. a Postnuptial Agreement?

While both documents can effectively cover the same issues, if timing is not an issue - it’s vital to consider the pros and cons of entering into a prenuptial agreement vs. a postnuptial agreement. While marriage is an economic relationship as much as it is an emotional one, a prenup can help ensure you and your future spouse are on the same page when it comes to finances before you are bound by Maryland law. This can help reduce contention over these matters during your marriage.

It’s best to safeguard your property from the start. Even with the option to execute a postnup, if you do not enter into a prenup, you are essentially leaving your assets unprotected. However, if you acquire assets you had not anticipated or your financial situation evolves during your marriage, a postnup can address these changes and protect the new assets.

Although they can serve a similar purpose and offer a similar protection, courts tend to scrutinize postnuptial agreements in Maryland more than prenups. A prenup is signed when the couple still has the option to not marry — with a postnup, the couple is already married, and one spouse might have more financial control than the other. Courts want to ensure a spouse was not pressured into signing a postnup just because they feel as if they are financially dependent or wish to avoid conflict within marriage.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you would like to learn more about whether a prenuptial agreement or a postnuptial agreement is right in your situation, it’s best to discuss your specific circumstances with a knowledgeable divorce and family law attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide our clients with high-quality legal services for a wide variety of divorce and family law matters — including drafting, negotiating, and litigating prenuptial and postnuptial agreements. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we work closely with our clients to achieve favorable results in every case.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

While many people think prenuptial agreements are only for celebrities and the wealthy, this is not the case. A prenup agreement is for anyone who wishes to protect their assets and establish financial expectations when they enter into a marriage. If you and your future spouse are considering a prenup, it’s important to understand what can — and cannot — be included in this document.

What is a Prenuptial Agreement?

A prenuptial agreement is a contract that is entered into before marriage. It allows spouses to control property rights in the event of divorce or death. These agreements can be used to protect each party’s financial interests and specify the terms of asset division if the marriage doesn’t work out. They can also be used as part of a comprehensive estate plan.

In order to be legally binding in Maryland, the agreement must be voluntary, in writing, and executed by each future spouse. The terms must be fair — and all assets and debts must be fully disclosed, unless one of the parties agrees to waive that right. After the couple is married, the document becomes valid. However, the validity of the prenup can be challenged if there was undue influence, coercion, unconscionability, or fraud involved in procuring or signing the document.

What Can Be Included in a Prenuptial Agreement?

A prenup agreement can be used to decide a broad scope of issues related to property owned by the future spouses. These agreements let the spouses decide property division matters for themselves, rather than allowing a judge to decide the outcome if the couple chooses to divorce. Although every agreement is different, a prenup may contain provisions for the following, depending on the objectives of the future spouses:

• Asset division — A prenuptial agreement can determine who will get which assets in the event of divorce, including the family home.
• Debt allocation — Just as property obtained during the marriage would be considered marital property, debts would be as well. Prenups can help to protect a spouse from the other’s debts by designating them as separate property, regardless of when they were incurred.
• Alimony — A prenup can establish whether alimony will be paid if the couple parts ways.
• Future inheritances — While inheritances are typically classified as separate property and not subject to division in divorce, if they are commingled with marital assets, matters can get complicated. To ensure any future inheritance is safeguarded, it can be included in a prenup.
• Businesses — Business owners can take measures to protect their interests in the event of divorce by including a clause addressing this matter in a prenup.
• 401ks and retirement savings accounts — Any assets that are contributed to a 401k or retirement account after marriage would typically be considered marital property. However, retirement savings can be protected in a prenup by specifying that these assets be treated as separate property.
• Pet custody — A prenuptial agreement can establish custody of any pets that were brought into the marriage or acquired during the marriage.

Prenups aren’t just executed in contemplation of divorce. Importantly, a prenuptial agreement can also work alongside a comprehensive estate plan — this can be particularly important when one or both of the spouses have children from a previous marriage and want to ensure the children are provided for.

What Cannot Be Included in a Prenuptial Agreement?

Prenuptial agreements (prenups) are not just for celebrities or the wealthy; they are for anyone wishing to protect their assets and set financial expectations in marriage. For a prenup agreement tailored to your needs, consult with an experienced family law attorney at the Law Office of Shelly M. Ingram.

While a broad scope of financial issues can be addressed in a prenuptial agreement, there are certain limitations. For instance, the contract cannot decide child custody and support matters as a matter of public policy. Child custody and support determinations are made based upon the best interests of the children at the time the decision must be made — not in advance. Circumstances can change considerably over time, and what might seem fair when the prenup is signed may not actually be what is best for a child in the future.

In addition, under Maryland law, a prenuptial agreement cannot govern the personal aspects of a couple’s relationship or provide an incentive that encourages divorce. These contracts cannot be used to enforce the daily responsibilities or chores of the spouses, attempt to assign specific roles in the marriage, or penalize a spouse for certain behaviors. Any such clauses would generally be rendered unenforceable by a court.

Can You Get a Prenup After Marriage?

Although a prenuptial agreement must be entered into before the marriage in order to be enforceable, couples who wish to establish property rights may still do so at any time during the marriage with a postnuptial agreement. This contract serves the same purpose as a prenup, but the main difference is when it was created and enacted. A postnup can be a good alternative to a prenup if financial circumstances have changed during the marriage or there wasn’t enough time to enter into a prenup before the wedding.

Contact an Experienced Maryland Prenuptial Agreement Attorney

If you are considering entering into a prenup, it’s essential to have the counsel of an experienced family law attorney who can assist you with creating an agreement that is tailored to your needs. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys are dedicated to guiding you every step of the way through the process of drafting and negotiating a prenuptial agreement. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

We Are Getting Engaged! Should We Sign a Prenup?

The holiday season can lead to wedding bells for a lot of Maryland couples. Christmas, New Year, and Valentine’s Day are some of the most popular times of year for couples to get engaged. If your fiance “popped the question” or you have decided to take your relationship to the next level, you may have questions about how this can affect your financial future, including the question -should we sign a prenup?

What is a Prenup?

“Prenup” is short for prenuptial agreement (also called a premarital agreement or antenuptial agreement). It is a contract entered into by an engaged couple “in consideration of” their future marriage. The terms of a prenup can:

• Lay out a plan for family finances, including household assets and liabilities during the marriage
• Resolve issues of alimony and property division in the event of divorce
• Guide estate planning and administration of either spouse’s affairs after their death

Most often, a prenup will describe the assets and liabilities each spouse will bring to the marriage, and determine whether those assets will be considered marital or separate property going forward. Marital property can be divided by the courts during divorce, and often passes to the surviving spouse upon death. Separate property is held individually, and will generally be excluded from any property division as a result of divorce. Separate property, as determined by a prenup, can also be left to children or other beneficiaries free of any claim from a surviving spouse.

Is a Prenup Necessary?

The romantic rush following a marriage proposal doesn’t easily lend itself to legal questions and property discussions, which can often feel like “divorce planning.” Many couples get married without giving any consideration to whether or not they should sign a prenup. If you and your partner are young adults without many assets, that may be appropriate, since it is likely that your wealth accumulation will be a result of shared effort during the marriage. However, there are several reasons why a prenup can serve as a useful financial planning tool, including to:

Prenups can be a tool to build better relationships now and an opportunity to protect your interests and those of your children now and in the future. We can help you negotiate the terms of your prenuptial agreement and go through all the appropriate steps to make sure that the contract will be honored in the future. Contact us to schedule a consultation.

• Shield assets owned individually, prior to the marriage
• Protect shares in a closely-held business or family trust
• Provide for children from prior relationships
• Guide future estate planning
• Opt out of certain Maryland divorce and intestate succession laws that would otherwise apply by default upon marriage

The more complicated your family history or financial portfolio is at the time of your marriage, the more likely it is that both you and your spouse would benefit from entering into a prenuptial agreement and having the planning discussions that entering into such an agreement entails - before you walk down the aisle.

Who Should Sign a Prenuptial Agreement?

Many people don’t like the idea of entering into a prenup, because they think it will increase the likelihood of divorce and also sends a message to their future partner that they don’t want to work together as a financial unit in the future. Obviously, a long and happy marriage is always the goal. The process of creating a prenuptial agreement and the open and honest financial disclosures that the negotiation of a prenuptial agreement will require, can actually establish a helpful pattern of open financial communication early in your relationship. To prepare and sign a prenup is not a divorce backup plan, instead it is a planning tool that will require you to make affirmative decisions to share assets and wealth that is accumulated in the future. If you want to share, a creative prenuptial agreement can describe the exact way that finances (assets and debts) will occur during your marriage and in the event of death or divorce. In the absence of a prenuptial agreement, there is uncertainty as to sharing and default state laws will apply.

A lot of people assume that prenuptial agreements are only beneficial for wealthy people with considerable assets. It’s true that high-net-worth couples have more assets to protect and may get more benefit from a carefully negotiated premarital agreement. However, many couples can benefit and you may have much more in the future than you have now, including:

• Parents of children from prior relationships
• Future homemakers and stay-at-home parents giving up careers to support a family
• Business owners whose partnership agreements contain forced buy-back provisions
• People with difficult family histories or estranged relatives
• Individuals who want to reduce conflict and keep control over their assets during the marriage, but also in the event of death or divorce

If you or your spouse fit into any of these categories, it’s a good idea to talk to a Maryland family law attorney now to see if you could benefit from signing a prenuptial agreement.

What to Know Before You Sign a Prenup

One thing most people don’t realize about premarital agreements is that there must be certain advance asset disclosures and the creation of a thoughtful, future looking financial planning document takes time. There are many stories of last-minute prenups signed on the church steps in the hours before the wedding. This is not the way to go. If a person does not have time to consider and negotiate the terms of a prenuptial agreement, that lack of time could serve as a basis to challenge the validity of the agreement once signed.

In Maryland, in order for a premarital agreement to be enforceable, it must avoid “overreaching” and can not be unfair or inequitable in either its terms or how the contract was signed. Both parties must sign the document “freely and understandingly.” The best way to ensure your prenup will be honored is to:

• Have frank discussions with your fiance about financial expectations and the reasons why a prenup can serve this purpose (these conversations can be had with the help of a marital counselor or religious leader)
• Hire separate attorneys to represent each party, explain their rights under Maryland divorce and estate law, and negotiate the terms of the agreement
• Disclose and document the estimated value of each party’s real, personal, and business property, earnings, and pre-marital debts
• Make sure the benefit either party receives from the Agreement is reasonable consideration for the rights each party is waiving
• Account for the unexpected, including either spouse’s future inability to work
• Make additional information about assets available when asked
• Provide the document to your fiance and their attorney as far in advance of the wedding as possible, so there is time for negotiations and revisions (months, not weeks)
• Consider your agreement to be a “living” document and active financial planning tool for your marriage. Don’t put it in the filing cabinet and forget about it.

It can, and often should, take multiple drafts of a prenuptial agreement to make sure everything is covered, all the appropriate information has been disclosed, and both spouses’ interests are honored. If you are wondering if you are a good candidate for a prenup, you should speak with a Maryland family law attorney soon after you are engaged to gather information and start the process - long before the other stressors of wedding planning might otherwise interfere.

At the Law Office of Shelly M. Ingram, our family law attorneys want to help you decide whether you should sign a prenup, and ensure your interests are protected if you do. We treat prenuptial agreements as a tool to build better relationships now and an opportunity to protect our clients’ interests and those of their children now and in the future. We can help you negotiate the terms of your prenuptial agreement and go through all the appropriate steps to make sure that the contract will be honored in the future. If you are getting married, or have received a draft prenuptial agreement from your fiance, call (240) 652-2596">(240) 652-2596 or contact us online to schedule a consultation with an attorney.

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