Legal Question in Family Law in Maryland
Are Marital agreements legal and binding?
I am attempting to find a lawyer to draw up a marital agreement between myself and my wife. We intend to stay married but wish to write and agreement/contract stating the consquences as pertains to division of property and monies that would result should I leave or commit adultery. There has been some doubt as to whether such a contract would be legally binding and enforcible in a court of law. We do not want a pre-nuptual or separation agreement. Please advise as to the legality of such an agreement. I know that in Virginia this type of marital agreement is binding and enforcible.
Regards,
--name removed--
2 Answers from Attorneys
Re: Are Marital agreements legal and binding?
If properly drafted, post-nuptial agreements (that is, the type of agreement you are describing) are valid under Maryland law.
Ranji Garrett
301-296-4474
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
Re: Are Marital agreements legal and binding?
An agreement written after the marriage and in anticipation of a potential separation, since this is what you are saying, can be enforceable. I noticed you stated you did not want a separation agreement and this is not what I am referring to. The drafting must, among other aspects, address causational factors. The agreement must be fair and supported by adequate consideraion. Contact an attorney.
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