Baltimore & Towson Lawyer Discusses Invalidating Prenuptial Agreements
Individuals who decide to take their personal relationships to the next level and get married might also consider having prenuptial or premarital agreements in place prior to saying, "I do." Some people are not keen on the idea of starting out a marriage with what is, in essence, a contract that sets forth what the couple would like to happen in case of a divorce or separation. Still, prenuptial agreements can be very helpful and anyone considering marriage might be well advised to consider having one in place.
Your Baltimore and Towson divorce lawyer will tell you, however, that prenuptial agreements must be carefully crafted--otherwise the agreement might be deemed invalid by a court. There are several ways in which a prenuptial agreement can be considered invalid; therefore, it is important for couples who are contemplating having prenups to work with skilled divorce lawyers who can ensure that the agreements are proper and valid.
Fraud and Coercion Can Make a Prenup Invalid
One thing that couples should bear in mind when crafting a prenuptial agreement is the fact that they will need to be totally forthcoming with respect to their earnings, assets and liabilities. If a party fails to disclose certain aspects of his or her financial life, or if a party provides false information regarding his or her finances, the agreement will be deemed invalid. Likewise, if a party is forced or pressured into signing the agreement, it could be deemed invalid.
Lack of Independent Legal Counsel
Some couples share attorneys for various legal problems. However, when formulating a prenuptial agreement, the parties are advised to utilize the services of two separate attorneys. Each party has his or her own separate interests; therefore, each of them should be represented separately. If each party does not have his or her own representation, any agreement made can be deemed unenforceable.
Improper or Invalid Provisions Can Invalidate a Prenup
Your Baltimore and Towson divorce lawyer will tell you that if a prenuptial agreement contains clauses that attempt to change any child support obligations that might be put in place in the event of a divorce, the agreement would be deemed invalid. Similarly, any other provisions that are considered to be illegal under the eyes of the law would invalidate a prenuptial agreement.
Grossly Unfair Provisions Can Make a Prenup Invalid
One party might decide to give up his or her right to an inheritance that the individual might be entitled to upon the death of the spouse, while another party might give up his or her right to spousal support if they ultimately wind up in divorce court. Still, if a prenuptial agreement is so grossly unfair such that an individual would face substantial economic hardship while the other party prospered, the court is highly unlikely to enforce it. A prenuptial agreement is a contract, and just like any other type of contract, those that are deemed to be grossly unfair will be declared invalid.
If you are interested in learning more about prenuptial agreements, or if you need help crafting an agreement of your own, contact a Baltimore and Towson divorce lawyer at the Law Offices of Amar Weisman, LLC today.
Call (410) 321-4994 For a Free Consultation
Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free Consultation. The Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.
