Maryland Divorce Lawyer Blog
Getting a prenuptial or postnuptial agreement is often an excellent financial plan for married (or soon-to-be-married) couples. A well-written contract can help ensure that you, not a court, will decide your finances should anything happen to the marriage. Having a knowledgeable Maryland prenuptial agreement lawyer is vital to ensuring that the agreement you sign is valid, enforceable, and accurately reflects the objectives you wanted to achieve.
As with any legal process, there is a right way and a wrong way to procure a prenuptial or postnuptial agreement. Recently, Yahoo! Entertainment reported on one internet celebrity’s postnuptial agreement, which may be an example of a contract executed using impermissible methods.
According to Yahoo!, streaming star Amouranth accused her husband of forcing her to sign a postnuptial agreement “at gunpoint.” In addition to allegedly threatening her safety, the wife also accused the husband of using the safety and well-being of her pets as “leverage” in securing her signature on the contract.
Coercion and Duress
If the wife’s allegations are true, the postnuptial agreement may be void and unenforceable. All states require that the parties to contracts like prenuptial and postnuptial agreements execute the document knowingly, voluntarily, and free from fraud, coercion, or duress. Literally signing an agreement at gunpoint would represent perhaps the ultimate example of impermissible duress that could lead to an agreement’s invalidation.
This would be an example of a relatively uncommon scenario. On the other hand, one of the common mistakes a partner may make is giving their spouse (or spouse-to-be) too little time to review and sign an agreement. If a spouse lacks sufficient time to go over an agreement entirely or to retain legal counsel and have them complete a thorough inspection of the document, the agreement may be vulnerable to a successful challenge. Earlier this year, this blog looked at the divorce of a TV host and Miss Universe presenter who argued her prenup was invalid because she signed just five days before her wedding, meaning she lacked the opportunity to “thoroughly examine” the agreement.
In Maryland, the law recognizes various forms of coercion or duress that can invalidate a separation, prenuptial, or postnuptial agreement. The types of coercion and duress that will lead a court to invalidate an agreement all have one central thread in common: that it was so strong it essentially robbed the one spouse of their free will and forced them to sign the document involuntarily. The critical factor is the presence or absence of freedom, not the duration of time, although the length of time can carry significant weight in proving or disproving free will.
Fraud
Fraud is another potential problem that can defeat a prenuptial or postnuptial agreement. As noted above, contracts like these require that all parties sign with full knowledge of all the terms. If Spouse A has hidden assets or debts to persuade Spouse B to sign the spouse’s preferred set of prenuptial or postnuptial agreement terms, then A has functionally robbed B of an opportunity to make a knowledgeable decision about whether or not to sign.
Legal counsel is often essential to the process. This includes not just the attorney representing the partner presenting the agreement, but also a lawyer representing the recipient partner. The best way to ensure your agreement will stand up is to give your fiancé/spouse sufficient time to retain counsel of their (not your) choosing, and to give that lawyer proper time to conduct an appropriate review of the document.
Whether negotiating, reviewing, or executing a separation, prenuptial, or postnuptial agreement, it pays to have skillful legal counsel by your side. The experienced Maryland family law attorneys at Anthony A. Fatemi, LLC, are here to help you ensure any document you sign adequately protects you and will be enforceable in a court of law. Contact us today at 301-519-2801 or via our online form to schedule your consultation.