Maryland courts have long recognized the validity of prenuptial agreements. These agreements typically define the spouses’ respective obligations regarding property ownership, management of their finances, provisions for childcare and similar matters. Some agreements also contain provisions governing financial support in the event the couple decides to dissolve their marriage.
While these agreements can be very useful for the right couple, they are frequently challenged by a spouse who feels unfairly treated by the terms of the agreement. The crucial question for individuals who find themselves in this situation is whether the law of the state, in this case, Maryland, allows a judge to rule that the agreement is unenforceable. The answer is “It depends.”
Failure to obey formalities
Maryland courts have uniformly held that an enforceable prenuptial agreement must be written, have been read and signed by both parties before the wedding, and that both parties be given the opportunity to have the agreement reviewed by a lawyer of their choice.
Substantive reasons for declaring the agreement invalid
The reviewing judge may also declare the agreement to be invalid if one spouse pressured the other spouse into signing the agreement, for example, by threatening to cancel the wedding. A court may also find that the agreement is unconscionable because it p unfair financial burdens on the party against whom enforcement is sought.
A further reason for invalidating a prenup is the failure of the spouse seeking enforcement to make a complete disclosure of his or her financial situation prior to the marriage. A similar reason may be proof that the spouse seeking to enforce the agreement induced the signature of the other spouse by making a false or fraudulent statement to induce the other spouse into signing the agreement.
Conclusion
Prenuptial agreements are contracts, and in Maryland, their enforcement is governed by the state’s laws concerning contracts in general. For this reason, it’s wise to have a prenuptial agreement reviewed by professionals with experience in contracts and family law.