Why would I need a pre-nuptial agreement before I get married?
A prenuptial agreement is an agreement signed before marriage for the purpose of defining rights in the event of a divorce. No one wants to think about this especially while you are in love and excited about getting married. It is the same rationale that makes people put off drafting a Will. No one want to think about the possibility of their divorce and no one wants to think about their death. Still, it is best to plan for both situations and when you contact MLO/Mulinazzi Law Office at (410-290-6270) we understand that and we will listen to your concerns and together find the right language to address those concerns in the most respectful way possible.
You may want or need a Prenuptial Agreement if either you and/or your soon to be spouse have assets that you want protected in the event of a divorce. It’s best to include these assets in a well-drafted PreNuptial Agreement. Here are a few situations that commonly create problems in divorces:
- Pre-marital property/family heirlooms: You may want/need a “prenupt” because you want to define certain property as yours or belonging to your family such as an inheritance.
- Alimony: You may want to be certain that each of you will pursue a career and neither of you will have to pay alimony.
- Pre-marital house: maybe you already have a house and you want the house to remain your separate property – at least for awhile – so you don’t “lose your house” in a divorce. You know of friends who owned a house before marriage and then when they get a divorce, they end up losing the house or being forced to move out of their own house.
- Inheritance: Many people co-mingle their inheritance in with marital accounts after they get married. A well-drafted PreNuptial Agreement will prevent this and help you determine what/how much is yours in the unfortunate event of a divorce.
- Children: If you do not already have a child, a prenuptial agreement can NOT determine child support or child custody and access. If do you already have a child together the “prenupt” can discuss this but as the years pass, those terms may or may not be in the child’s best interests.
To have your prenuptial agreement drafted, contact the award-winning divorce attorneys at MLO/Mulinazzi Law Office (www.mulinazzi.com). Our attorneys respect your commitment to each other, and they have the sensitivity, empathy, and training to draft an agreement that memorializes what you want without harming your relationship. These traits are what earned Mulinazzi Law Office the title of Best of County Howard County, Family Law Office for four years and counting. Our divorce attorneys are expert contract drafters and we implement innovative ideas to make your PreNuptial Agreement durable and enforceable but we can also draft it in such a way that it can be easily changed in the future or over the course of years.
At the MLO/Mulinazzi Law Office, we’ve drafted hundreds of agreements and we take special care to be sensitive to the delicate nature of writing such an “impersonal” instrument as a PreNuptial Agreement. We do everything we can to make the process as painless as possible, to address your needs, and make sure your agreement cannot be successfully contested later.
What happens if I think my prenuptial agreement is unfair to me.
Can I get it invalidated by the Court?
No, not if it was drafted by MLO/Mulinazzi Law Office because our PreNuptial Agreements are drafted well and with a view towards how a Judge will one day in the future perceive the terms. This is why our attorneys are ranked as Maryland Super Lawyers and have a 10.0 rating on Avvo.com rankings.
If another lawyer drafted the PreNuptial Agreement or if there are significant extenuating circumstances, it is worth it to contact our Office at 410-290-6270 to schedule a consultation so we can review the terms and know more about your situation.
A prenuptial agreement could be “set aside” or disregarded by the Court, in the event of fraud, duress, coercion, mistake, undue influence, incompetence, or unconscionability. It is important for your attorney to know the Judge and the Court’s perspective on this – that comes from experience, research, and reasonable judgment. Too many attorneys treat these cases like a law school exam, forgetting that this is your life, your money, and your feelings. MLO/Mulinazzi Law Office attorneys exercise good judgment when they advise you on your chances of success and in how they move forward with these cases. Our attorneys have successfully argued and advanced both sides of this situation.
Although you may not want to think about the possibility of a future divorce (especially before you’re married), taking the important step to discuss finances, assets, and future goals is imperative. After all, “life is what happens on the way to your plans.” We don’t wish a divorce on you, but if it happens, having a prenuptial agreement can save you thousands of dollars in attorney’s fees and even more in the emotional toll of fighting about these things in court during divorce litigation. Contact the Maryland Family Law Super Lawyers at MLO/Mulinazzi Law Office to discuss this well in advance of your nuptials.