Lawyer to Write Prenup

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  • Silverlax

    Active Member
    Nov 13, 2014
    518
    Eastern Shore
    Looking for some recommendations, preferably on the Eastern Shore or near Annapolis. Not looking for a cheap one, just want to work with someone that other people trust. Attorney MDS members would be even better. Thanks.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    Keep in mind that your future better half will need to be represented (lawyer) as well or it won't hold up.

    Not true. There has to be full disclosure and she (assuming the OP is a man) needs to be advised that she should seek the advice of an attorney. Ultimately, it is up to her to seek an attorney's advice and pay the fee related thereto. That is if the two of them meet with an attorney. The attorney can only represent one of them and has to make it clear to her that she is not being represented.

    On the other hand, an attorney could actually draft the prenup for the OP without ever meeting with the future bride. The OP can then present the prenup to her, and it is on her to seek advice of counsel. As long as the OP is not holding a gun to her head and the OP has disclosed his assets to her, if she signs it, that is all she wrote.

    http://www.divorcenet.com/resources/prenuptial-agreements-maryland.html
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    Looking for some recommendations, preferably on the Eastern Shore or near Annapolis. Not looking for a cheap one, just want to work with someone that other people trust. Attorney MDS members would be even better. Thanks.

    Heads up MDS youngblood. This is a smart MFer.

    :bowdown:
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    I'll also toss this out there: they really rarely hold up.

    Did you read the link that I posted. Prenups are evaluated under contractual law concepts and they are usually enforced if they are drafted correctly and there is full disclosure. There are a few exceptions where they will not be enforced, like coercion, duress, fraud, mistake, incompetence at the time of signing of the party the agreement is being enforced against, and unconscionability. Granted, the last one, unconscionability gives the court some leeway. For instance, if a married couple agrees that one spouse will not work while raising the children, yet the prenup provides that each spouse shall keep what he/she earns during the marriage, then I can see that being unconscionable if the couple decides that one spouse should stay home to raise the kids. If a client was in that situation with that kind of prenup in place, I would suggest an anti-nuptial to make it a little more equitable.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    Can you tell
    I'm going through a divorce?? LoL

    That sucks. Silver lining: you will no longer be subjected to the marriage penalty when it comes to income taxes.

    That is one of the things about marriage. You have to pay additional income taxes most of the time. Now, a married couple will get a discount on health insurance, life insurance, auto insurance, but I am not sure it makes up for the income tax penalty. Now, not all married couples will experience the income tax marriage penalty, especially if one quits working during the marriage.
     

    Silverlax

    Active Member
    Nov 13, 2014
    518
    Eastern Shore
    Maui, sorry to hear that. We definitely want to make this a legal marriage though.

    Thank you guys for the advice, I'll make sure she is represented as well. Any names would be appreciated. Thanks again.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,256
    variable
    After the attorney tells you what you can and cannot write into a prenup, you may find that it isn't worth the expense and aggravation.

    From what I have seen, it makes a lot of sense for second marriages where both parties arrive with ownership in business partnerships and other obligations. In situations where two young folks with nothing start out together, the net effect of a prenup in a divorce is going to be limited.
     

    Bisleyfan44

    Ultimate Member
    Jan 11, 2008
    1,754
    Wicomico
    Just my 2 cents, if you have to get a prenup going into a marriage, don't bother marrying her. Don't trust her enough to not screw you in a potential future divorce? What's the point of marrying her in the first place? Marriage is a commitment, not just the next step in a relationship. To each, their own. Your life.

    Disclaimer-From somebody going on 25 years married to my first and only wife. Not been easy at times, but a commitment should mean something.
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,684
    Gaithersburg, Maryland
    Just my 2 cents, if you have to get a prenup going into a marriage, don't bother marrying her. Don't trust her enough to not screw you in a potential future divorce? What's the point of marrying her in the first place? Marriage is a commitment, not just the next step in a relationship. To each, their own. Your life.

    Disclaimer-From somebody going on 25 years married to my first and only wife. Not been easy at times, but a commitment should mean something.

    The issue is not screwing the future ex-wife, the issue is protecting the inheritence of the previous marriages children. Many older couples draw up pre-nups to keep their adult children under control during their new marriage.
     

    Silverlax

    Active Member
    Nov 13, 2014
    518
    Eastern Shore
    Just my 2 cents, if you have to get a prenup going into a marriage, don't bother marrying her. Don't trust her enough to not screw you in a potential future divorce? What's the point of marrying her in the first place? Marriage is a commitment, not just the next step in a relationship. To each, their own. Your life.

    Disclaimer-From somebody going on 25 years married to my first and only wife. Not been easy at times, but a commitment should mean something.

    Without getting too personal, I completely trust this woman. We have been together for many years and we have grown even more together. On a side note I don't think most people go into marriage thinking anyone would screw them, hence why they get married in the first place, yet a lot of people do get screwed. Do I think she will screw me over, absolutely not, but there other reasons I'm not going to mention over the internet that we feel are necessary to have a contractual agreement.

    Also, congrats on the 25 years!
     

    44man

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    10,129
    southern md
    I guess I am from another generation. if you love someone enough to marry them and make them one with yourself you should love them enough to give them half your stuff if something happens but the whole idea of marriage is to work it out so nothing does happen. the one thing I do know is that after 30 years of marriage is I don't want to be away from my wife any more than necessary and she says she feels the same way.

    if theres stuff you don't want your future wife to have I cant see how your ready for marriage, but that's just from the eyes of an old married man.

    I hope it all works out for the best for yall.
     

    BigDaddy

    Ultimate Member
    Feb 7, 2014
    2,235
    Don't trust her enough to not screw you in a potential future divorce? What's the point of marrying her in the first place? Marriage is a commitment, not just the next step in a relationship.
    People change. I get the commitment part, but you can make the wrong decision about marriage or more specifically the person you think you are marrying.

    Once you are married long enough, alimony for life comes into play. A friend of mine tried to retire and he couldn't because his alimony was so high he would have to deplete his IRA in short order and had to go back to work.

    I got lucky, my ex remarried after a couple of years.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,256
    variable
    People change. I get the commitment part, but you can make the wrong decision about marriage or more specifically the person you think you are marrying.

    Once you are married long enough, alimony for life comes into play. A friend of mine tried to retire and he couldn't because his alimony was so high he would have to deplete his IRA in short order and had to go back to work.

    I got lucky, my ex remarried after a couple of years.

    Without the insane divorce laws there would be no need for prenups.
     

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