Prenuptial agreements can be a source of security when you are entering a marriage. Prenups can be particularly effective at safeguarding your financial independence.
However, under Maryland law, certain extraneous circumstances can affect the validity and enforceability of a prenup. Understanding these factors can help couples or soon-to-be spouses plan for possible changes.
Fraud, coercion or duress
If one party can prove that they signed the prenuptial agreement under duress, coercion or due to fraudulent actions by the other party, the agreement may become invalid. Duress or coercion refers to situations where someone felt pressured into signing the agreement. Fraud involves intentional deception regarding assets or liabilities. In Maryland, courts will not uphold prenups if either party can demonstrate these issues.
Changes in circumstances
In some cases, drastic changes in circumstances after the signing of a prenuptial agreement can affect its enforceability. This may apply if significant changes occur in the couple’s finances, such as one spouse losing their job or a business dramatically increasing in value. Although Maryland courts usually respect prenuptial agreements, a spouse may challenge the prenup if the changes make its terms unfair or unreasonable.
Unconscionability
An unconscionable agreement is one that is extremely one-sided or unfair at the time of enforcement. If a prenup leaves one party without financial support or allocates an unequal distribution of assets, a court could deem it unconscionable, especially if circumstances have changed drastically since the signing of the agreement.
Statistics indicate that one in five married couples has a prenup in place. While these prenuptial agreements are usually binding, certain factors can change or invalidate them under Maryland law. If you suspect that your prenup might be weighed heavily in your spouse’s favor, it may be worth the effort to advocate for a change.