If you and your spouse have a combined income of over $15,000 a month, it is likely that you entered into a prenuptial agreement prior to your marriage. A prenuptial agreement or antenuptial agreement (“prenup”) is an agreement entered between two people before a marriage where one or both parties establish their right to claim an interest in the other’s property or assets in the event of a divorce, death, or a mutually agreed-upon event. Because many partners enter into a prenuptial agreement with the best intentions and truly believe they will stay married, a spouse may not realize how unfair a prenuptial agreement may be until the agreement’s terms are being enforced during a divorce proceeding. In the event you have entered into an unfair or invalid agreement, you may seek to have the court set aside your prenuptial agreement in Montgomery County, Maryland or Prince George’s County, Maryland. Keep reading to find out a few ways you may be able to set aside your prenuptial agreement in Maryland:
- Your Maryland Prenuptial Agreement Lacks Full and Honest Asset Disclosure
Full disclosure of all property and assets can be essential to a fair prenuptial or antenuptial agreement. If your spouse did not inform you of their property and assets, and you did not know or have reason to believe the extent of your paryner’s property interests, you may be able to set aside your prenuptial agreement in Maryland. Pleas keep in mind, that in the event that you waived your interest in your spouse’s assets, a court may see your waiver as fraud that could potentially invalidate the prenuptial agreement.
- Your Maryland Prenuptial Agreement Prematurely Includes Child Custody or Child Support Terms
No prenuptial agreement may include any terms regarding child support or child custody. This is especially true if you did not have children with your potential spouse when signing the agreement. A custody agreement is meant to be between co-parents based on the current needs and interests of the children. Child support is typically established pursuant to the Maryland Child Support Guidelines and the present financial resources of the parties. Making an agreement as to support and custody before the children’s needs and parent financial resources can be determined, is generally prohibited. A court may likely set aside part of or all of your prenuptial agreement in Maryland if it includes custody and support terms.
- Your Maryland Prenuptial Agreement Contains “Unconscionable” Terms
Parties to a prenuptial agreement can agree to almost any terms because prenuptial agreements are treated like any other contract in Maryland. However, the terms of the agreement cannot be unconscionable. An unconscionable term is a term that the court would find shocking. For example, one spouse taking everything after a divorce making their spouse unable to sustain their livelihood. You may potentially set aside your prenuptial agreement in Maryland if the agreement rewards your spouse for divorcing you on or before a specific date. A prenuptial agreement is meant to anticipate divorce but it not to provide incentive for the divorce.
If You Want to Set Aside Your Prenuptial Agreement in Montgomery County, Maryland, or Prince George’s County, Maryland, Contact an Experienced Family Attorney Today
If you want to know more about how to set aside your prenuptial agreement in Maryland, you should contact the Law Office of LaSheena M. Williams, LLC to discuss your options. If you need the assistance of an experienced Maryland prenuptial agreement attorney contact the Law Office of LaSheena M. Williams at (301) 778 – 9950 or leave an online request for a consultation.
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