Can A Prenuptial Agreement In Maryland Be Overturned?
Prenuptial agreements sometimes are reputed to be only for the wealthy, but this is not the case. These agreements are helpful tools for any couple planning marriage who wants to ensure their financial security in case of divorce. Learn below about prenuptial agreements, then speak to our prenuptial agreement attorneys in Rockville at Shah & Kishore if you need legal assistance.
Prenuptial Agreement Overview
A prenuptial agreement in Maryland is a legal agreement between a couple about to marry. While no specific law in Maryland addresses prenups, these documents are governed by contract law. With a prenuptial agreement, you and your future spouse can agree on various property and money-related issues in case of divorce. For example:
- How to deal with property that was obtained before or during the union.
- How to handle inheritances, including what children from a previous marriage will receive compared to those born from the current marriage.
- Whether each party’s retirement accounts will be separate or divided.
- How life insurance policy proceeds will be distributed.
- Each person’s ability to buy and sell property during the union.
- Alimony issues in case of divorce.
However, there are limits to what can be put in a prenuptial agreement. For example, a prenup cannot dictate how child custody or child support will be handled if there is a divorce.
If the prenuptial agreement was drafted and signed according to contract law, it is enforceable when there is a divorce. In most cases, the agreement must be in writing and both parties must sign it. It is strongly recommended to have the signatures verified by a notary public to give the document more validity in potential divorce proceedings.
Also, having a prenuptial agreement drafted by an attorney and accountant create a certified personal financial statement for each party attached to it is ‘the gold standard’ for ensuring its enforceability.
When the prenup is drafted, it is recommended that both parties engage their own prenuptial agreement attorney in Rockville. Each person has separate financial interests that should be protected with their own legal counsel.
Can A Prenup In Maryland Be Overturned?
It is difficult to overturn a Maryland prenuptial agreement drafted correctly and signed by both parties, but possible. If you want the agreement to be set aside, you have the burden of proof. Some reasons that a prenup could be overturned with sufficient evidence are:
Undisclosed Assets
A valid prenuptial agreement must have full asset disclosure by both parties; this is essential for the prenup to be fair. If one party did not tell you about all of their money and property, you might be able to overturn the agreement.
Further, if in the prenup, you waived your right to your partner’s property and assets in case of divorce, the court could decide the waiver occurred because of fraud or was coerced. In either situation, the prenuptial agreement could be invalid.
Child Custody
A valid prenuptial agreement cannot include terms about child custody, including if you signed the prenuptial agreement before you had children with your partner. Maryland law requires a child custody agreement to be made in the best interests of the child, which are impossible to determine before the marriage and the child’s birth. Therefore, it is highly likely the court will overturn a prenuptial agreement that includes any language about child custody.
Unconscionability
The parties in a prenuptial agreement can typically agree to whatever terms they wish, and the courts will respect them. But the terms cannot be unconscionable. For example, if the contract states that one party will receive almost everything in case of divorce, the prenup could be set aside. Or, it could be overturned if the prenup provides financial incentives for a divorce to occur before a certain date.
Overturning a prenup because of unconscionable terms can be complex, so working with an experienced Maryland prenuptial agreement attorney is critical. They can help you determine if you have legal grounds to overturn the agreement.
Coercion
If the court thinks that one party was coerced or forced to sign the agreement, such as by not allowing enough legal review, the document might be overturned. For instance, if your fiancé waited until the day before the wedding to have you review the prenup, this could be questioned during divorce.
Also, sometimes a prenup is drafted without one or both parties having an attorney. If this happens, at least one spouse may not fully understand the agreement’s terms. For instance, suppose a couple divorces, and they had a prenup that the man’s attorney drafted. If the woman signed the agreement without an attorney reviewing it, she might not have understood what she was signing.
When there is a divorce, she could be shocked to discover how assets are being divided because she did not understand that part of the agreement. However, in this case, the woman must prove that she did not understand the agreement’s terms, which can be difficult. But, if you did not understand your prenup’s terms, it is possible to have the document overturned with your attorney’s help.
However, it is best to avoid this situation altogether by having your attorney review any written prenuptial agreement. Your personal prenuptial agreement attorney will look after your interests and review the agreement before you sign it.
Post-Nuptial Agreements
Another option is a post-nuptial agreement that outlines how property will be divided if there is a divorce. These documents are mostly the same as prenuptial agreements but are signed during marriage. You could sign a postnuptial agreement if you determine later that you want to define asset and property division in case of divorce. Our prenuptial agreement attorney in Rockville can also assist with drafting a postnuptial agreement.
Frequently Asked Questions About Maryland Prenuptial Agreements
Prenuptial agreements, often called prenups, are increasingly common among couples in Maryland who want clarity and financial protection before marriage. Whether you reside in Baltimore, Annapolis, Rockville, or elsewhere in the state, understanding how Maryland law treats prenuptial agreements can help you make informed decisions. Below are answers to frequently asked questions about Maryland prenuptial agreements.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract entered into by two individuals before marriage. It outlines how assets, debts, income, and other financial matters will be handled during the marriage and in the event of divorce or death. In Maryland, prenups are governed by contract law rather than a specific statute, meaning general principles of fairness, disclosure, and voluntary agreement apply.
Are Prenuptial Agreements Enforceable in Maryland?
Yes, prenuptial agreements are generally enforceable in Maryland if they meet legal requirements. Courts will examine whether:
- The agreement was entered into voluntarily
- Both parties provided full and fair financial disclosure
- The terms are not unconscionable at the time of enforcement
- There was no fraud, duress, or coercion
If these elements are satisfied, Maryland courts are likely to uphold the agreement.
What Can Be Included in a Maryland Prenuptial Agreement?
Maryland prenups can address a wide range of financial matters, including:
- Division of property and assets acquired before and during the marriage
- Allocation of marital and non-marital debt
- Spousal support (alimony) terms or waivers
- Rights to business interests
- Treatment of retirement accounts and investments
- Estate planning provisions
However, a prenup cannot determine child custody or child support in advance. Maryland courts always decide these matters based on the best interests of the child at the time of divorce or separation.
Do Both Parties Need Lawyers?
Maryland law does not require both parties to have separate attorneys, but independent legal counsel is strongly recommended. Courts are more likely to enforce a prenuptial agreement when each party had the opportunity to consult with their own attorney. Separate representation helps demonstrate that the agreement was entered knowingly and voluntarily.
What Is Considered Full Financial Disclosure?
Full financial disclosure means both parties must provide an accurate and comprehensive accounting of their assets, liabilities, and income before signing the agreement. This includes:
- Real estate holdings
- Bank accounts
- Retirement accounts
- Business interests
- Investment portfolios
- Outstanding debts
Failure to disclose significant assets or liabilities can result in the agreement being invalidated.
Can a Prenup Address Spousal Support?
Yes, Maryland prenuptial agreements may include provisions regarding spousal support, including limitations or waivers. However, courts may decline to enforce a waiver if enforcing it would cause one spouse to become a public charge or would be grossly unfair at the time of divorce. Judges retain discretion to review alimony provisions for fairness.
When Should a Prenup Be Signed?
A prenuptial agreement should be completed well in advance of the wedding date. Signing the agreement too close to the ceremony could raise concerns about coercion or duress. Ideally, the document should be negotiated and finalized several months before the wedding to allow time for review and revision.
Can a Prenup Be Changed After Marriage?
Yes. After marriage, couples may modify or revoke a prenuptial agreement by mutual consent. Any changes should be in writing and signed by both spouses. In some cases, couples choose to execute a postnuptial agreement if circumstances change significantly after marriage.
Who Should Consider a Prenuptial Agreement?
Prenuptial agreements are particularly beneficial for individuals who:
- Own significant assets prior to marriage
- Have children from a previous relationship
- Own a business or professional practice
- Expect to receive an inheritance
- Want clarity about financial responsibilities
However, prenups are not only for the wealthy. Many couples use them to define expectations and prevent future misunderstandings.
What Happens If There Is No Prenuptial Agreement?
If a couple divorces without a prenuptial agreement, Maryland’s equitable distribution laws will govern the division of marital property. Courts divide marital property in a manner deemed fair, which may not necessarily mean equal. Without a prenup, decisions about property division and alimony rest with the court rather than the couple.
How Long Does a Prenup Remain Valid?
Once executed properly, a Maryland prenuptial agreement remains valid unless revoked or modified by both parties. It typically becomes effective upon marriage and governs financial matters throughout the marriage and upon divorce or death.
Are Prenups Only for Divorce?
No. Prenuptial agreements can also serve estate planning purposes. They may clarify inheritance rights, protect family assets, and coordinate with wills or trusts. For blended families, prenups can help ensure children from prior relationships are protected.
Contact Our Prenuptial Agreement Attorneys in Rockville
Maryland courts find most prenuptial agreements valid and enforceable, so it is difficult to overturn one. Also, the spouse challenging the document has the burden of proof that the contract is invalid. However, there are situations where a prenup can be challenged. Contact our prenuptial agreement attorneys in Rockville today for legal assistance by calling (301) 315-0001.
