Understanding Prenuptial Agreements
A prenuptial agreement (prenup) is a contract between two people planning to marry. It establishes how assets, debts, and other financial matters will be handled during the marriage and in the event of divorce or death. At Leffler, Bayoumi & Oliver, LLC, we help couples create prenuptial agreements that are fair, comprehensive, and enforceable under Maryland law.
Couples often use prenuptial agreements to:
- Preserve separate or inherited property
- Protect business or professional interests
- Allocate responsibility for debt
- Establish expectations regarding spousal support
- Safeguard family wealth or children from prior relationships
Who Should Consider a Prenup?
Prenuptial agreements are especially valuable for:
- People bringing significant assets to the marriage
- Business owners
- Individuals expecting an inheritance
- People with children from prior relationships
- Those with significantly different financial situations
- Anyone who has been through a difficult divorce before
- Professionals with established careers
- People with substantial retirement accounts
The Estate Planning Advantage
One of the most overlooked benefits of a prenuptial agreement is its role in estate planning. Without careful coordination, Maryland's default inheritance laws, including elective share rights and spousal protections, can unintentionally override your wishes and disrupt even the most thoughtfully drafted estate plan.
Because our firm brings deep experience in both estate planning and probate, we approach prenuptial and postnuptial agreements with a broader, more strategic perspective. We understand not only how assets are divided in divorce, but also how they pass at death. This allows us to identify issues others may miss and design agreements that truly work alongside your wills, trusts, and beneficiary designations.
Our integrated approach often includes planning to:
- Protect children from prior relationships
- Preserve inheritances, family wealth, or closely held businesses
- Address waiver or modification of spousal inheritance rights
- Structure life insurance and trust-based protections
- Ensure your estate plan and marital agreement operate seamlessly together
The result is comprehensive protection, not just for the marriage, but for your long-term legacy.
What a Prenup Can (and Cannot) Include
Maryland law allows prenuptial agreements to address property division, debt allocation, and spousal support, as well as certain rights at death. However, courts will not enforce provisions that determine child custody or child support, violate public policy, or are unconscionable or coerced. We carefully draft agreements that protect your interests while remaining legally sound.
Requirements for Enforcement
For a prenuptial agreement to be enforceable in Maryland, it must be created thoughtfully and with care. Both parties must sign voluntarily, free from duress, coercion, or undue influence, and should have adequate time to review the agreement and consult independent counsel. The law also requires full and transparent disclosure of each person's assets and liabilities, as hidden or incomplete information can undermine the agreement's validity. Courts will evaluate whether the terms are fair and reasonable, and may refuse to enforce provisions that are unconscionable or excessively one-sided. Finally, the agreement must be properly prepared in writing, signed by both parties, and ideally notarized to ensure clarity and enforceability.
Our Process
Creating an enforceable agreement requires both legal precision and thoughtful timing. We guide clients through a structured process that includes full financial disclosure, independent representation when appropriate, careful negotiation, and execution well in advance of the wedding. This ensures the agreement reflects informed, voluntary decisions and stands up if ever scrutinized.
Timing Matters
Don't wait until the last minute. Begin discussions months before the wedding. This will allow for adequate time for negotiation. Signing under time pressure can suggest coercion. Last-minute prenups are more likely to be challenged in a divorce proceeding.
Postnuptial Agreements
For couples who are already married, a postnuptial (postnup) agreement can accomplish many of the same goals. These agreements are often appropriate after significant life or financial changes, such as starting a business, receiving an inheritance, blending families, or simply wanting greater clarity around finances. Like prenups, postnups must be carefully drafted to be enforceable and are most effective when integrated with your broader estate plan.
How We Help
We provide comprehensive counsel at every stage, including:
- Drafting and negotiating prenuptial and postnuptial agreements
- Reviewing agreements prepared by other counsel
- Coordinating agreements with estate planning strategies
- Advising on enforcement or challenges when disputes arise
If you are considering a prenuptial or postnuptial agreement, our attorneys would be glad to talk through your goals and help you create a plan that protects both your relationship and your future.
