The end of a marriage can bring out a lot of powerful emotions. Anger, resentment, sadness, and pain may all be in the mix – and so too may be regret. The decision to marry your spouse may have seemed like the beginning of a fairy tale at the time, but now you feel like you’re living through a nightmare; looking back, you may wish you had made a different choice. Similarly, a divorcing spouse who signed a prenuptial agreement before their wedding day may now regret that choice as well and want to get out of it as much as he or she wants to get out of their marriage. But in Maryland, it takes more than “buyer’s remorse” for a judge to throw out an otherwise valid prenup.
That said, a spouse may still be able to get out of the limitations or obligations contained in a prenuptial agreement if there were improprieties in the negotiations that led up to the agreement or if the agreement is so manifestly unfair that enforcing it would perpetuate a grave injustice. Any one of the following circumstances can form the basis of a claim that a Maryland prenuptial agreement should be declared void and unenforceable:
- Fraud and Coercion. A prenuptial agreement is a contract. As with any other contract, if misrepresentations, concealment, or fraud were used to get the other party to enter into the contract, that party may be released from their obligations under the agreement. Parties to a prenup must be totally forthcoming with respect to their earnings, assets, and liabilities. If a party fails to disclose certain aspects of his or her financial situation, or if a party provides false information regarding his or her finances, the agreement will be deemed invalid. Likewise, if a party is forced or pressured into signing the agreement, it could be deemed void.
- Lack of Independent Legal Counsel. When negotiating the terms of a prenuptial agreement, each party should have their own attorney advising them and looking out for their rights and interests. If one party does not have his or her own counsel when the agreement was drafted and signed, its enforceability could be called into question.
- Improper or Invalid Provisions. Prenuptial agreements are used to address any number of issues, from property division to keeping specified assets separate to post-divorce spousal maintenance. Such agreements cannot, however, change certain obligations imposed by Maryland law, most notably child support. Similarly, any other provisions that are specifically prohibited by law or would be considered against Maryland public policy will not be enforced.
- Grossly Unfair Provisions. Many years may pass between the time a prenup is signed and the time one party seeks to enforce its provisions. During that time, a lot can change, including the parties’ financial and practical circumstances. Provisions as to spousal support or property division which seemed fair and equitable back in the day may be unconscionable and oppressive if enforced now. While simple unfairness may not get a prenup thrown out, a judge has the discretion to determine whether the enforcement of certain provisions would cause an injustice based on the parties’ current situations.
The Law Offices of Amar Weisman, LLC: Baltimore and Towson Prenuptial Agreement Lawyer
If you are getting divorced and want to be released from the terms of a prenuptial agreement, it is important that you consult with a divorce attorney who understands Maryland law regarding such agreements and knows how to make the strongest possible case that the agreement should not be enforced. Please call the Law Offices of Amar Weisman, LLC today at (410) 321-4994 or contact us online to arrange for your free initial consultation.
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