Prenuptial agreements have moved beyond their reputation as tools exclusively for the wealthy. Today, couples across all income levels use these contracts to establish clear financial expectations before marriage.
In Howard County, prenuptial agreements can significantly influence how courts address asset division, alimony, and other financial issues in divorce cases.
| In This Article: This article examines the legal framework governing prenuptial contracts in Maryland, the factors courts consider when determining validity, and steps you can take to secure that your agreement holds up. |
Maryland’s Legal Structure for Prenuptial Agreements
The law in Maryland does not explicitly provide guidelines for prenuptial agreements; rather, Maryland contract law governs them. This means courts evaluate prenuptial agreements using the same principles applied to other contracts, with added scrutiny due to the confidential relationship between engaged couples.
To be valid in Maryland, a prenuptial agreement must be in writing and signed by both parties. Unlike some states, Maryland has not adopted the Uniform Prenuptial Agreement Act. Instead, Maryland courts rely heavily on case law to determine enforceability, notably the landmark Cannon v. Cannon decision. This case established that courts should evaluate whether there was “overreaching” in the confidential relationship, examining both the fairness of the agreement’s execution and its terms.
Essential Requirements for Enforcement
Maryland courts examine several factors when determining whether to enforce a prenuptial agreement during divorce proceedings. The most essential element is full financial disclosure.
When agreeing, both parties in Howard County should fully disclose their assets and debts. The agreement must be voluntary, reasonable, and fair. This focus on transparency requires both parties to disclose all relevant details of their financial circumstances, including assets, liabilities, income, and potential inheritances.
The burden is on the spouse challenging the agreement’s validity to prove to the court that the contract should be unenforceable. When reviewing a prenuptial agreement, the courts consider whether the agreement is grossly unfair or whether the parties were dishonest in their dealings with each other. To achieve a fair agreement between the parties, full disclosure is a must. An experienced attorney can guide you through the entire process.
Common Grounds for Challenging Prenuptial Agreements
Despite Maryland’s generally favorable stance toward the enforcement of prenuptial agreements, courts will invalidate agreements under certain circumstances. Recognizing these grounds can help you avoid creating an unenforceable contract.
Fraud occurs when a spouse hides assets during negotiations for the agreement. Hidden bank accounts, undisclosed business interests, or misrepresented property values all constitute fraud that can void the entire contract.
Duress and coercion also invalidate prenuptial agreements. Prenuptial agreements must be executed voluntarily. However, the burden of proof is high. Presenting the agreement close to the wedding date typically does not constitute duress, as demonstrated by Maryland case law.
Unconscionability represents another potential ground for challenge. Courts examine whether the agreement is so unfair as to shock the conscience. An arrangement that leaves one spouse destitute while the other holds onto millions could be considered unconscionable.
Restrictions on Prenuptial Agreement Provisions
Certain items cannot be incorporated into a prenuptial agreement. Child support is a legal entitlement that is rightfully owed to the child rather than the parent, and custody determinations should prioritize the child’s best interests during the separation. An attorney can advise on the best course of action.
Maryland courtsalso refuse to enforce provisions that violate public policy. A couple cannot enter into a contract prior to marriage, agreeing to divorce afterward. Clauses that encourage divorce or require illegal actions will be struck down, though other portions of the agreement may remain valid.
The Role of Independent Legal Counsel
When creating the prenuptial agreement, it is a good idea for both parties in Howard County to be represented by independent counsel. Having separate legal representatives secures that both parties understand their rights and the consequences of what they are giving up. It also provides evidence that the agreement was entered into fairly and voluntarily, making it much harder to successfully challenge the deal later.
A Howard County divorce attorney can review the proposed terms, explain their implications, and negotiate modifications that protect your interests. Investing before marriage can help avoid significant time, money, and emotional strain if a divorce becomes necessary.
Speak with a Proven Howard County Divorce Attorney
At Milstein Siegel, we have extensive experience drafting, reviewing, and litigating prenuptial agreements under Maryland law. With over 25 years of experience in family law matters, we understand the nuances of creating enforceable agreements that protect your financial interests while meeting Maryland’s legal requirements.
Whether you need assistance negotiating a prenuptial agreement before marriage, reviewing an agreement your partner has proposed, or challenging or defending an agreement during divorce proceedings, our team provides strategic counsel personalized to your situation.
Contact us at (410) 792-2300 or request a consultation online to discuss your prenuptial agreement needs with an experienced Howard County divorce attorney who will protect your interests every step of the way.