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A Maryland business owner’s guide to prenuptial agreements

On Behalf of | Jun 27, 2024 | Family Law

Prenuptial agreements, or “prenups,” are essential for business owners to protect their business in case of a divorce. A well-crafted prenup keeps the business safe. This allows the owner to focus on growth and operations without worrying about personal matters.

Importance of a prenuptial agreement

For business owners in Maryland, a prenuptial agreement is a strategic tool, not just a legal formality. Without a prenup, a divorce could split business assets, disrupt operations, and lower the business’s value. Maryland’s fair distribution laws aim to divide marital property fairly, but not always equally. A prenup clarifies what belongs to the business and what counts as marital property.

Key elements

A well-crafted prenuptial agreement should include:

  1. Business valuation: Clearly state the current value of the business and the method used for valuation.
  2. Ownership and shares: Define ownership percentages and the handling of shares or interests in the event of a divorce.
  3. Asset protection: Outline which assets should count as separate property and are not subject to division.
  4. Debt responsibility: Specify responsibility for any business debts before and during the marriage.
  5. Income and appreciation: Address how to treat income generated by the business and any appreciation in its value.

Legal considerations

A prenuptial agreement must meet specific legal requirements to be enforceable. It should be in writing, signed by both parties, and executed voluntarily. Full financial disclosure is essential to ensure fairness and avoid future disputes. Consulting with an experienced family law attorney is crucial to drafting an enforceable prenup.

Safeguarding your future

For business owners, a prenuptial agreement is crucial for protecting their business interests. It addresses potential issues before they arise. This ensures that hard-earned ventures stay intact. Personal changes in their lives won’t affect their business.