Clear Planning for Financial Certainty and Long-Term Protection
Marital agreements are most effective when they are approached thoughtfully and with a clear understanding of Maryland law. For more than 20 years, Darin Rumer has helped individuals and couples put in place enforceable agreements that reflect their financial realities and long-term goals. His work in this area includes:
- Drafting and reviewing prenuptial and postnuptial agreements under Maryland law
- Focusing on enforceability through proper disclosure and fair terms
- Experience working with professionals, business owners, and complex financial structures
Rather than relying on generic templates, Attorney Rumer carefully tailors each agreement to each parties’ unique circumstances, helping reduce the risk of disputes later.
What Is a Prenuptial Agreement?
A prenuptial agreement is a contract entered into before marriage that outlines how certain financial matters will be handled during the marriage or in the event of divorce or death. These agreements are often used to clarify what property is considered separate, how marital assets will be divided, and whether spousal support will apply.
Prenuptial agreements are commonly used by individuals who want to proactively resolve any potential conflict, those with significant assets or income disparities, or anyone who wants greater financial clarity at the outset of a marriage.
What Is a Postnuptial Agreement?
A postnuptial agreement serves a similar purpose but is entered into after the marriage. Couples may choose to create a postnuptial agreement following a major life change, such as the start of a business, receipt of an inheritance, or a shift in financial responsibilities.
In some cases, postnuptial agreements are also used to clarify expectations after marital difficulties, helping spouses address financial issues while remaining married. In many instances, a postnuptial agreement helps resolve financial issues and unforeseen circumstances, better assisting married couples to refocus.
What Can Prenuptial and Postnuptial Agreements Address?
Marital agreements can be tailored to address a wide range of financial issues, depending on the parties’ needs. Common provisions include:
- Identification and division of marital and non-marital property
- Allocation of debts and financial responsibilities
- Treatment of business interests, professional practices, or investments
- Spousal support terms, including limitations or waivers where permitted
- Coordination with estate planning goals and beneficiary designations
Notably, a prenuptial agreement cannot determine child custody or child support. These issues are always decided by a court at the time of separation based on the “best interests of the child” standard. Additionally, an agreement cannot require the parties to divorce or include any provisions that violate public policy.
Enforceability Requirements Under Maryland Law
For a prenuptial or postnuptial agreement to be enforceable in Maryland, certain legal standards must be met:
- Full and Fair Financial Disclosure: Both parties must provide a full, frank, and truthful accounting of all assets, income, and debts.
- Voluntariness and Lack of Duress: The agreement must be entered into freely, without duress. Presenting a document too close to the wedding date (the “eleventh hour”) can be a significant factor in a court’s decision to invalidate it.
- Fairness and Reasonableness: Terms that are “unconscionable,” meaning they are so one-sided they shock the conscience or leave a spouse destitute, may be struck down by a judge.
Independent legal counsel for each party is not strictly required in every case, but the failure to permit a party to have sufficient time to engage independent legal counsel (i.e., an agreement presented with limited time for review) can play an important role in supporting enforceability. Thus, planning ahead and providing sufficient time for each party to review the agreement and propose any revisions is critical.
When Does a Prenuptial or Postnuptial Agreement Make Sense
These agreements are often appropriate in situations involving second marriages, blended families, business ownership, anticipated inheritances, or significant differences in income or assets. They can also be useful for young couples who want to clearly define financial expectations and reduce future uncertainty. In fact, a recent Harris Poll found that marital agreements are more widely accepted and increasingly used, particularly among Millennial and Gen Z couples.
Speak With a Maryland Attorney Who is Experienced in Drafting Marital Agreements
Prenuptial and postnuptial agreements involve important legal and financial decisions that can have lasting effects. Understanding how Maryland law applies to your situation can help you plan with greater confidence.
Contact Darin Rumer to discuss whether a prenuptial or postnuptial agreement is appropriate for your circumstances and how it can be structured to protect your interests.
Darin Rumer assists clients in Rockville and throughout Montgomery and Frederick counties with drafting and reviewing prenuptial and postnuptial agreements.
Frequently Asked Questions About Prenuptial and Postnuptial Agreements
Are prenuptial agreements enforceable in Maryland?
Yes. Maryland generally enforces prenuptial agreements that are entered into voluntarily, include proper financial disclosure, and meet legal standards for fairness.
Can a postnuptial agreement be signed at any point during a marriage?
Yes. Spouses may enter into a postnuptial agreement at any time, provided both parties agree, and the agreement satisfies enforceability requirements.
Do both spouses need separate attorneys for a marital agreement?
Separate legal counsel is not always required, but independent advice for each spouse is strongly recommended to support fairness and enforceability.
Can these agreements cover future income or assets?
Yes. Prenuptial and postnuptial agreements can address how future income, business growth, or assets acquired during the marriage will be treated, provided the terms comply with Maryland law.