Articles Posted in Prenuptial Agreement

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 courts. A skilled Maryland divorce lawyer can help you in setting up your prenuptial agreement to get something that will meet the law’s requirements and do what it is supposed to do.

Here in Maryland, there are several ways that a prenuptial agreement may fail to qualify to be enforced. A recent case from Montgomery County is an example of how the process can go wrong and lead to an invalid agreement.

G.H. and H.H. were a couple who married in the summer of 2011. It was his third marriage and her second. According to the wife, the husband did not bring up anything about a prenuptial agreement until roughly one week before the wedding day. The agreement that the husband presented to the wife was written by the husband’s lawyer and was composed in English, a language with which the wife allegedly had limited skills.

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One of the things that makes divorce different than many other legal matters is something fundamental to many marriages. For lots of people, marriage (and, by extension, divorce) is a place where the secular and the sacred meet… where man’s laws intersect with God’s laws. Whatever your religion teaches about marriage and/or divorce, it is vitally important, if you are going through a divorce in Maryland, to understand how the civil laws of Maryland will view your situation. To get the answers about these kinds of issues, as well all the other issues your divorce case presents, look to an experienced Maryland family law attorney, who can offer you customized advice based on your specific situation.

Last year, this blog discussed a case involving two Islamic couples divorcing in Maryland. Both that case and a much newer divorce case recently decided by the Court of Special Appeals are illustrative of the problems that can arise for these couples in terms of interpreting the agreements they made during their religious marriage.

If you are someone going through a Maryland divorce after having gone through an Islamic marriage process (or some other religious marriage process with similar procedures), the most important thing to understand is not how your religion views those marital processes, but how the Maryland courts will see them.

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The marriage of two people is a joyous event. A couple that decides to marry is expressing hope for their future lives together. Despite their love and devotion for each other, spouses sometimes enter into a “prenuptial” or “ante-nuptial” agreement prior to their wedding day. Such agreements may include various terms, depending on the circumstances of the parties, but they typically set forth the distribution of certain assets in the event of a divorce. Entering into a prenuptial agreement may be considered a prudent course of action, especially if one party has a significant amount of wealth at the time of the marriage. To determine whether a prenuptial agreement is right for your circumstances, you are encouraged to consult with a Maryland family law lawyer as soon as possible.

Essentially, a prenuptial agreement is a contract. And while there are no specific Maryland laws that govern prenuptial agreements, the formation and enforceability of such a document is subject to general principles of contract law. For instance, the parties must mutually agree to the terms of the agreement, which should be in writing. If a couple with a prenuptial agreement seeks to divorce, courts are often called upon to determine the validity of the document. In so doing, courts will look at whether:  1) the agreement was fair and equitable; 2) the parties each gave a full, complete, and truthful disclosure of their assets prior to document signing; 3) each party entered into the agreement freely, voluntarily, and knowingly; and 4) each party sought independent legal advice prior to signing the agreement.

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