When Might The Maryland Courts Void A Prenuptial Agreement?

Several circumstances can force the Maryland courts to void a prenuptial agreement. Voiding means that the agreement is unenforceable. Maryland doesn’t have a specific statute that governs prenuptial agreements. Their validity is determined under the broad principles of contract law and the Maryland Code, Family Law § 8-101, et seq.

Prenuptial agreements can be voided for several reasons. While, by and large, they are enforceable, the prenuptial agreement must meet certain standards for the court to enforce it. One example of a prenuptial agreement being voided involved a husband who broached the matter “approximately a week before the wedding.” He insisted his wife sign the prenup before her final dress fitting. She ended up signing the prenup six days before the wedding.

In addition to being hurried, the prenup was in English, a language that the wife didn’t speak. No translation was provided. No one ever adequately explained the terms to her. During the couple’s divorce, the trial court overturned the agreement, and the appellate court affirmed the decision. This is a prime example of the courts voiding a prenup. The court ruled that the agreement was signed under duress, and the wife didn’t adequately understand what she was signing.

Common grounds for voiding a prenuptial agreement 

The court might void a prenuptial agreement for any number of reasons. In the example discussed above, the court voided the agreement because it was signed too close to the wedding date, and the wife couldn’t understand what she was signing. Other common grounds include:

• Lack of full disclosure – When one spouse fails to completely disclose all their assets and liabilities, the prenup can be voided, especially when that information would have significantly altered the terms of the agreement. Maryland courts demand full and truthful disclosure of both parties’ assets and debts, so that the party waiving their rights is fully aware of what they are giving up.

• Unconscionability – For a contract or prenup to be considered “unconscionable,” the terms must be so one-sided that they “shock the conscience of the court.” A prenup that would leave one party in significant financial distress or is otherwise overwhelmingly favorable to only one party can be voided by the court.

• Lack of legal representation – When drafting a prenuptial agreement, each party should have their own independent legal counsel to ensure the fairness of the process. This also helps both parties understand the agreement, so they are not taken advantage of. A lack of independent counsel can be a reason to challenge the prenup’s enforceability.

It’s important to note that challenging a prenuptial agreement can be complex. If you’re beholden to a bad deal, the Bel Air family lawyers at Schlaich & Thompson, Chartered may be able to help. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=8-101&enactments=false