Law Office of Elizabeth A. Lawrence Blog

Congratulations on your engagement! It may seem like everybody in your life is coming out of the woodwork to offer you advice, but did you know that a prenup, or prenuptial agreement may be a good fit for you and your future spouse?

At the Law Office of Elizabeth Anu Lawrence, LLC.,  we are experienced family law litigation attorneys, and happy to help you prepare a Prenuptial Agreement that protects you in the event of a divorce.

Congratulations on your engagement! It may seem like everybody in your life is coming out of the woodwork to offer you advice, but did you know that a prenup, or prenuptial agreement may be a good fit for you and your future spouse?

At the Law Office of Elizabeth Anu Lawrence, LLC.,  we are experienced family law litigation attorneys, and happy to help you prepare a Prenuptial Agreement that protects you in the event of a divorce.

Why Would I Need a Prenuptial Agreement?

Many people overlook prenups (also called antenuptial agreements in Maryland), because they don’t think they are the kind of person who needs one. But a prenup can be a good idea, regardless of income level.

For example, say that Spouse #1 has two living grandparents who own a beautiful old cabin in the Deep Creek Lake area. The grandparents intend for Spouse #1 and their two siblings to inherit the cabin—the property isn’t worth much, but it’s a spot for treasured family memories. While inherited property is usually non-marital, a prenup can help clarify that Spouse #2 can’t make any claim for the cabin in a divorce proceeding, cutting down on costs and uncertainty later.

Another example: Both spouses want children, and they expect that Spouse #2 will be a stay-at-home parent and raise the children. In order to keep things fair and to compensate Spouse #2 for their hard work, the parties agree in their prenup that if they divorce, Spouse #2 will receive $5,000 for each year they did not work outside the home. Preplanning this issue helps Spouse #2 feel valued and financially secure and allows both parties to feel confident that they are entering the marriage as financial equals. 

These are just a fraction of the many reasons that people may choose to have a prenup—a family law attorney can help you explore your personal situation and what kind of prenup may be right for you.

What are the Requirements for a Prenup?

A legally enforceable prenuptial agreement requires all of the following:

1. Sufficient time. You cannot sign your prenup on your way to the altar. A prenup is a legal document, and Maryland courts may find prenups signed too close to the wedding date to be coerced. Make sure to leave plenty of time before the wedding to get the prenup terms agreed upon and the document drafted, finalized and signed.
2. An attorney for both parties. A prenup is a legal contract, so you should always retain an attorney to draft the document, but it is very important that both parties retain separate counsel. Each party’s lawyer will have the opportunity to review the document, talk through all pros and cons, and make sure that their client is protected.
3. Financial disclosure. Both parties must disclose all assets, debts and liabilities.
4. Equitable at the time signed. The prenup agreement must be fair to both parties at the time it was signed. For example, a provision that one spouse walks away with 100% of the assets and the other walks away with nothing is clearly unfair and is very likely to be unenforceable by the Court.

I’m Interested in Obtaining a Prenuptial Agreement—What Are My Next Steps?

If you are interested in obtaining a prenuptial agreement, you should consult with a licensed Maryland family law attorney so that you can understand your options, as well as the potential costs and time frame. Please contact the Law Office of Elizabeth Anu Lawrence, LLC. at www.elawrencelaw.com or call our office on 410-986-0088 or 443-352-3201 in order to schedule a consultation today.

Child custody can be a very emotional issue, and not just for the parents of the child. People often believe that only the legal parents of a child may pursue visitation and/or custody, but that isn’t true!

At the Law Office of Elizabeth Anu Lawrence, LLC.,  we are experienced family law litigation attorneys, and happy to help you enforce your visitation rights.

Which Other Individuals May Be Able to Pursue Custody?

Oftentimes, extended family members may be deeply involved in raising a child, such as an aunt or uncle who takes in the child when the parent is deployed overseas, or a grandparent who steps in when the parent is incarcerated. Stepparents and long-term romantic partners of a parent, even those who have not adopted the child, may also form lasting and loving relationships that persist even when the romantic relationship with the parent is over. These individuals may all have a case for establishing legal custody and visitation rights with the child.

If you are not the legal parent of a child, in order to pursue custody you must prove that you are a de facto parent of the child.

What is a De Facto Parent?

A de facto parent is, simply put, a person who has acted in the role of a parent for a child. In Maryland, in order to be considered a de facto parent, you must prove the following:

• That the biological or adoptive parent(s) consented to, and fostered, the formation and establishment of your parent-like relationship with the child;
• That you and the child lived together in the same household;
• That you assumed obligations of parenthood by taking significant responsibility for the child’s care, education, and development, including contributing towards the child’s support, without expectation of financial compensation; and
• That you have been in a parental role for a length of time sufficient to have established a bonded, dependent relationship with the child.

 E.N. v. T.R., 474 Md. 346 (2021); Conover v. Conover, 450 Md. 51 (2016).

What does this mean?

It means that you must show evidence to the Court that you lived with the child and stepped into a parental role for them, with the consent of the child’s legal parent(s). You must also have lived with/bonded with the child for a significant amount of time—a summer trip or a few weekends spent at your house are almost certainly not sufficient. But if you have lived with the child for months or years and been an active participant in raising them, you may be considered a de facto parent.

Third Party Custody

Even if you don’t meet the criteria for a de facto parent, you may be able to establish custody and visitation rights in certain circumstances. If you are not a parent or de facto parent, you are likely a third party—and the Court would normally prioritize the legal parents’ wishes over those of a third party. However, if you are able to prove that either the legal parents are unfit or that exceptional circumstances exist, you may be able to obtain custody and/or visitation of the child. 

What Are My Next Steps?

If you are interested in pursuing custody or visitation of a child, you should consult with a licensed Maryland family law attorney so that you can understand your options, as well as the potential costs and time frame. Please contact the Law Office of Elizabeth Anu Lawrence, LLC on 443.352.3201 or 410.986.0088 in order to schedule a consultation today.