When Is A Prenup Invalid? Lessons From Stewart V. Stewart

Prenuptial agreements are meant to bring clarity and peace of mind before marriage. But sometimes, the circumstances surrounding the prenup raise serious questions about fairness and free choice. A recent Maryland case, Stewart v. Stewart, offers a striking example of how courts examine these agreements and when a prenup might be thrown out altogether.

Background of the case 

In the case of Stewart v. Stewart, the husband wanted the court to enforce a prenuptial agreement during their divorce. But his wife argued that the agreement shouldn’t count. She said she signed it under serious pressure and didn’t have a real opportunity to negotiate. The trial judge agreed with her and refused to enforce the prenup.

The husband wasn’t satisfied with the outcome and decided to appeal. The case moved up to the appellate court, which ended up siding with the trial court. The prenup remained invalid. What makes this case especially important isn’t just how it ended — it’s the court’s reasoning that sets it apart and gives it lasting impact.

Key issues the court considered 

Maryland courts don’t automatically enforce prenuptial agreements just because they’re signed. Instead, they take a careful look at how the agreement came to be. Under Maryland law, a prenup can be thrown out if it was shaped by things like fraud, coercion, duress, misrepresentation, or any kind of overreach.

In Stewart, the court paid close attention to the full context in which the agreement was signed. Several important details stood out.

At the time, the wife was just 18 years old, living in Colombia, and spoke very little English. Her husband, on the other hand, was much older and financially well off. The prenup was handed to the wife not long before the wedding. This left her with very little time to think it over or seek legal advice.

She later testified that she thought the documents had to do with immigration — not that she was giving up her future rights as a spouse. On top of that, there were signs of emotional pressure, including expectations from family and the stress of adjusting to life in a new country.

Altogether, the picture that emerged was of a young woman who lacked real negotiating power and likely didn’t understand the full consequences of what she was signing.

Why the prenup was invalidated 

Both the trial and appellate courts emphasized that a prenuptial agreement must be entered into voluntarily, with full understanding of its consequences. The court found there was competent, substantial evidence that the wife signed the agreement under coercive circumstances. That was enough to render the agreement unenforceable.

Talk to a Bel Air, MD, Family Law Attorney Today 

Schlaich & Thompson, Chartered, represent the interests of Bel Air, MD, residents who want to draft a prenuptial agreement. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/md-court-of-special-appeals/1645942.html