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Articles Posted in Prenuptial Agreement

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How Maryland Law Addresses Unconscionability Arguments in Prenuptial Agreement Enforcement Cases

Prenuptial agreements and postnuptial agreements can be traps for the unwary. Signing an agreement with unfavorable terms can — absent a court judgment invalidating the contract — cost you greatly. (In one recent Maryland case, it cost the husband $7 million.) Before you sign, make sure you understand exactly what…

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‘…And the Dog, Too’: Dealing with Pets as Part of a Maryland Divorce

Americans’ attitudes toward pets have changed over the last several decades. Today, many pet owners call themselves “pet parents” and their pets “fur babies.” While these relationships have evolved, animal law has been slow to follow suit. This can present some unique challenges when a married couple who shares a…

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Part of My Prenuptial Agreement is Unenforceable Under Maryland Law. Now What?

In Maryland, and across the United States, we have “freedom of contract.” This means that you and another party (or parties) mostly can customize the terms of your agreements however you want without governmental interference. That freedom extends to prenuptial agreements, but it is not without limits. Certain subject matters…

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The Ingredients of a Successful and Enforceable Post-Nuptial Agreement in Maryland

Today more than ever before, the two people who enter into a marriage represent two individuals with pre-established lives, careers, and wealth. Given that reality, spouses (or spouses-to-be) today have a greater need for prenuptial or postnuptial agreements than ever before. As with any contract, success when it comes to…

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Sweating the Small Stuff: How Diligently Tending to All the Details Can Be Essential to Having an Enforceable Prenuptial Agreement in Maryland

Statistical research says that as many as 80% of people of divorced people will eventually remarry. The bad news is that second and subsequent marriages have a greater than 60% chance of ending in divorce. What’s all that mean? It means that, before you embark on that second or subsequent…

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How an Extramarital Affair Cost a Maryland Spouse $7M After a Maryland Court Upheld His Postnuptial Agreement

As is true of all contracts, prenuptial and postnuptial agreements require several ingredients for success. All parties should negotiate with good faith, and endeavor to live up to the promises they make in the agreement, as opposed to assuming that, if they fall short of the agreement’s terms, their attorney…

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‘Pure Hot Rage’: ‘Washingtonian’ Looks at Female Payors of Alimony in Maryland, DC, and Virginia… and Ways to Potentially Avoid Undesirable Alimony Outcomes

Late last year, Washingtonian covered a trend regarding alimony that’s on the rise in Maryland, D.C., and Northern Virginia: divorces where higher-earning wives leave owing alimony to their husbands. The piece is a useful reminder that anyone (husband or wife) can potentially be ordered to pay alimony in Maryland and…

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When Your Spouse Can (and Can’t) Get Alimony in Maryland Even After Your Both Signed an Agreement Waiving the Right to Alimony

When you decide to enter into a prenuptial agreement or a marital settlement agreement, there are several critical phases. There’s the phase where you and the other party negotiate the terms of the agreement, and you work to ensure that all the terms adequately protect your interests. There’s also the…

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What Some Celebrity Prenuptial Agreement Disputes Can Teach You About Your Maryland Prenup

Here in Maryland, a prenuptial agreement can be a very beneficial thing for both you and your future spouse. Some people consider a prenuptial agreement to be the cynical ploy of someone who’s already planning a divorce before the wedding has even occurred, but that is rarely the reality. A…

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When a Prenuptial Agreement May Be Declared Invalid by the Courts in Maryland

Prenuptial agreements can be an important part of a couple’s pre-marital planning. Obviously, if you’re going to the trouble to create and execute a prenuptial agreement, you want to be sure that the prenuptial agreement you have is something that, if it is eventually needed, will be enforced by the…

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