Legal Question in Family Law in Arkansas

Pre-Nuptial Agreements/MARYLAND

Like any other contract, agreements are pre-sumed to be binding and enforceable, absentmutual mistake, fraud, duress, etc.. Whethera person who has more assets coming into themarriage wishes to have a Pre-Nuptial Agree-ment depends upon his or her wishes. It'sup to the individual basically.

The Maryland Marital Property Act provides: "Anyproperty acquired DURING the marriage is re-garded as "marital property", regardless of howit is titled. Property acquired after the marr-iage can be excluded as such by way of a valid agreement [such as a Separation or Pre-Nuptial Agreement]. It is also excluded ifthat property is acquired during the marriageby gift or inheritance. Marital property in-cluses retirement pensions, stocks, cars,bank accounts, stocks, bonds, etc..

I don't know what you mean by what "guise" theagreement should be presented. Hope thishelps.

Marriage and Property

I agree with Mr. Bradshaw. Property you own before marriage remains yours, but if you put a lot of time in working on the property during marriage in a community property law state, and the property gets morevaluable during the marriage, she may gain aninterest in the gain the value.

Yes, yes, yes nad thats difficult but your problem.

Yes, prenuptial agreements are legaly binding and are usefull.To maintain clear accounts keeps relationships stronger.Specialy if you have children from a previous marriage it is wise to execute a prenuptial agreement.How to let her know? The benefits of clear accounts are for both parties; the agreement can contain benefits for the spouse that the law of the state does not provide.If there is love; it does not matter how you tell her. She will said yes.Good luck!

Prenuptial agreements

In my state they are legally binding and I cannot speak to your state's law. The law on these contracts can vary from state to state.For you, based on what you disclosed in your question, I would say it is a good idea. Many people who have been married previously, and had an unfavorable experience in dividing property, would not remarry without one.