Prenuptial Agreement Validity Criteria Maryland

Thinking about whether to keep a lawyer to prepare a marriage deal, time is the essence! Maryland`s case law is full of examples of marital agreements that have been invalidated and one of the recurring grounds for nullity, as well as the lack of adequate financial disclosure, is that the agreement was submitted by the creator of the other party`s agreement at the eleventh hour. If the marriage agreement is submitted to the spouse a day or two or even hours before the parties` marriage ceremony, the agreement could be vulnerable to attack. It would be far too easy for the party, which was presented unexpectedly with the marital agreement, to argue that they were forced to enter because they felt they had no choice, since the marriage was to take place the next day or in a few hours. In addition, the same party could easily argue that it did not have time to hire counsel because of the proposal being presented at the last minute. These statements certainly do not bode well if combined with an agreement that does not contain full financial disclosure. When developing a marriage contract, remember that the document will do more than you and your spouse. Many people use it to protect their children, their personal estate, etc. If you are living later in a second or third marriage, you should think seriously about the impact the agreement can have on your adult children and other heirs. The Stewart case details the legal standards for marriage contracts in Maryland and examines how a state court would address a challenge to the validity of a prenup. The court said that marriage contracts are contracts, but because they relate to a confidential relationship, they should not be „exaggerated.“ The overrun concerns „injustice“ in the circumstances of the signing (the „procedure“) and the outcome of the contract (the „essential prong“). If the financial disclosure contained in the marriage agreement does not meet the high level of evidence required to prove that there is no overrun when the agreement is created, there are alternative standards that the proponent of the agreement must meet to prove the validity of the agreement. Id. If there was insufficient disclosure and an unjustified disproportionate allocation, the alternative standards that the proponent of the agreement must meet are: (1) if the benefits to the waiving party were consistent with what he or she had renounced, so that the agreement was fair and equitable; and (2) whether the party attacking the agreement has concluded the agreement freely and comprehensively.

Id. Not necessarily. While it is customary for a party to use the services of a lawyer to devise a marriage pact, the content may be unacceptable to both parties. In many cases, a draft pre-agreement is nothing more than a starting point for communication. The content of a conjugal agreement is factual and should be tailored to the future needs of both parties. Many couples participate in premarital mediations, negotiations or collaborators to agree on conditions to be included in a conjugal agreement. If a marriage agreement is presented to you, it is important that the agreement be verified by an experienced lawyer who can declare your legal rights. Now that we have said that hard rules should be on both sides, it is important to suggest that they do not make strict rules.

Remember that time can make a difference. Who you are today could change in 10 or 20 years.