Can a Prenuptial Agreement Be Overturned in Maryland? Understanding When Courts May Invalidate Your Agreement

A prenuptial agreement, commonly called a “prenup,” is an important legal resource for couples aiming to safeguard their financial interests before tying the knot. In Maryland, these agreements can address issues such as asset division, spousal support, and various financial aspects in case of divorce. However, although courts generally uphold valid prenups, certain circumstances may lead to their invalidation. Gaining insight into why a prenup may be invalidated can assist you in ensuring your agreement is effectively enforceable.

Legal Requirements for a Valid Prenuptial Agreement in Maryland

Although Maryland law lacks a specific statute for prenuptial agreements, courts typically uphold these contracts if they adhere to general contract law principles. For a prenuptial agreement to be deemed valid, it must:

• Be in Writing: Maryland does not recognize oral prenuptial agreements. It must be a signed, written contract.
• Be Voluntary: Both parties must enter the agreement willingly, without coercion, pressure, or threats.
• Include Full Financial Disclosure: Before signing, each party must fully disclose its assets, debts, and financial obligations.
• Be Fair and Reasonable: A prenup should not be overly one-sided or contain grossly unfair terms to one spouse.
• Be Executed Properly: The agreement should be signed well before the wedding to prevent claims of duress.

If a prenuptial agreement does not meet these criteria, it may be challenged in court.

Common Reasons a Maryland Court May Overturn a Prenup

While prenuptial agreements are generally upheld, there are several circumstances where a Maryland court may declare one invalid:

Fraud or Failure to Disclose Assets

Financial dishonesty is one of the most common reasons for overturning a prenuptial agreement. If one party fails to disclose assets, debts, or income during the agreement’s creation, the court may find the prenup invalid. Transparency is crucial, and both parties should clearly understand each other’s finances before signing.

Coercion or Signing Under Duress

A court may declare a prenuptial agreement unenforceable if a spouse is coerced, intimidated, or manipulated into signing it. This situation frequently arises when the prenup is introduced right before the wedding, pressuring the other party to sign.

Unconscionable or Unfair Terms

Maryland courts will not enforce a prenuptial agreement if it is deemed unconscionable. This means the court may step in if one party suffers extreme hardship due to the agreement’s terms. For example, if the prenup leaves one spouse entirely destitute while the other retains all assets, the court may determine it is unfair and unenforceable.

Improper Legal Execution

A prenuptial agreement must be properly drafted and executed. If the document contains vague language, errors, or fails to meet Maryland’s legal standards, it may be challenged. Consider having an experienced Maryland family law attorney review and draft the agreement to ensure its validity.

How to Ensure Your Prenup Holds Up in Court

To maximize the likelihood that a prenuptial agreement is upheld, consider the following steps:

• Reach Out To an Attorney: Each party should have independent legal counsel to review the agreement and ensure fairness.
• Sign Well in Advance: Signing a prenup months before the wedding reduces the risk of claims of duress.
• Fully Disclose Assets: Provide complete financial transparency before signing.
• Ensure Fairness: Avoid one-sided terms that could be deemed unreasonable.
• Follow Proper Execution Procedures: Have the agreement properly drafted, signed, and notarized if necessary.

Consult Rice Law for Help with Your Prenuptial Agreement

Prenuptial agreements can provide financial clarity and protection, but they must be carefully crafted to be enforceable. If you need assistance drafting, reviewing, or challenging a prenup in Maryland, the experienced family law attorneys at Rice Law can help. We understand the nuances of Maryland law and can ensure your agreement is legally sound and fair to both parties.

If you have concerns about an existing prenuptial agreement or need help creating one, contact Rice Law today for a consultation.