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Maryland family law: Seek asset protection before remarriage

Numerous individuals in Maryland and elsewhere consider remarriage later in life after going through divorces or after their spouses have passed away. In fact, an estimated four in 10 new marriages are believed to involve remarriages for one or both parties. While entering a new marital relationship is certainly an exciting step to take, it is okay to take a minute and think about how to protect oneself, one's children and any assets one has before walking down the aisle. This is something that can be done with the assistance of an experienced family law attorney.

Sadly, not all remarriages work out as planned, resulting in divorces. Others do make it work, but the death of one spouse can lead to estate administration issues between adult children and the surviving spouse. While no one really wants to think about everything that could go wrong before the marriage even happens, failing to consider the future can have disastrous consequences.

So, what can people who are considering remarriage do in order to protect themselves and their children -- if applicable -- before taking this giant leap? Well, a prenuptial agreement can be written to one's exact specifications in order to make sure one's assets are secured. It is necessary to remember, however, that both parties must agree to the terms and that a marital contract cannot not be forced or signed under duress -- otherwise, it may be considered invalid.

Negotiating a prenuptial agreement can take time. This is not a process one will want to wait until the last minute to get started. Maryland couples who are getting remarried can seek out the assistance of family law attorneys in order to negotiate and create legally binding contracts that ensure the desired protections have been properly put in place.

Source: post-gazette.com, "Financial planners: Prenuptial agreements shouldn't be a deal breaker in remarriages", Tim Grant, July 29, 2016

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