Love is a wonderful thing. And when you meet your soulmate and decide to marry, you look forward to spending the rest of your life with them. Unfortunately, not all couples live happily ever after. It’s for this reason that more and more couples are signing prenuptial agreements before tying the knot.
A prenup is a legal document. And for it to be enforceable, it must be valid. If your prenup doesn’t meet certain requirements, it may be rendered invalid. But when exactly can this happen?
Here are three instances when your prenup can be voided.
When it is not done in writing
If your prenuptial agreement is verbal, it will not be recognized and enforced in Maryland. While this seems obvious, it’s not uncommon for some couples to make oral agreements and assume the court will recognize such.
When one party was coerced into signing the document
Like any other contract, a prenup will only be enforceable if both parties sign it voluntarily. If either party threatened, manipulated or tricked the other into signing the prenup, then the document will be void. Thus, if anyone (your spouse, in-laws or any other party) coerces you to sign the prenup, then you may want to raise this with the court.
When there is fraud
Just like coercion, a prenup cannot be fraudulent. Basically, this means that neither party can withhold information regarding their assets and liabilities at the time of signing the document. If this happens, then the entire document could be deemed fraudulent and, thus, invalid.
If you are getting married, it’s crucial that you take measures to protect your personal assets should things fail to work. This is where a prenuptial agreement comes in. Understanding Maryland’s prenuptial agreement laws can help ensure that you create a document that is enforceable in the event of a divorce.