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Articles Posted in Prenuptial Agreement

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How a Wife’s Acceptance of Hundreds of Thousands of Dollars from a Trust Closed Off Her Ability to Challenge a Marital Property Agreement

Any contractual agreement you sign with your sign that governs the distribution of assets — whether it is a prenuptial agreement, a postnuptial agreement, a marital property agreement, or a divorce settlement agreement — deserves your utmost attention. Because of the high stakes involved, it also calls for advice and…

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Last-Minute Prenuptial Agreements and the Law of Coercion and Duress in Maryland

Ideally, a prenuptial or postnuptial agreement is something the spouses craft collaboratively, with both individuals having a clear understanding of the document’s terms, a meaningful opportunity to consult legal counsel, and plenty of time to make an informed decision about whether or not to sign. Sometimes, though, that does not…

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Prenuptial Agreement, Postnuptial Agreements, and the Divorce of a Maryland Native Turned Reality TV Star

One does not necessarily expect to unearth beneficial knowledge about the law from the latest celebrity gossip news regarding “reality” television stars. Perhaps there really is a time for everything, as the latest reports about the divorce involving one “Real Housewives” star show offer some valuable clues about what –…

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Including ‘Lifestyle’ Clauses in a Maryland Prenuptial (or Postnuptial) Agreement

Money is often a powerful motivator. That’s true whether you’re a parent working out a child’s allowance or a spouse-to-be working out the terms of your prenuptial (or postnuptial) agreement. In addition to arriving at terms with which both you and your soon-to-be spouse can live, making a prenuptial agreement…

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How Maryland Law Addresses Unconscionability Arguments in Prenuptial Agreement Enforcement Cases

Prenuptial agreements and postnuptial agreements can be traps for the unwary. Signing an agreement with unfavorable terms can — absent a court judgment invalidating the contract — cost you greatly. (In one recent Maryland case, it cost the husband $7 million.) Before you sign, make sure you understand exactly what…

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‘…And the Dog, Too’: Dealing with Pets as Part of a Maryland Divorce

Americans’ attitudes toward pets have changed over the last several decades. Today, many pet owners call themselves “pet parents” and their pets “fur babies.” While these relationships have evolved, animal law has been slow to follow suit. This can present some unique challenges when a married couple who shares a…

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Part of My Prenuptial Agreement is Unenforceable Under Maryland Law. Now What?

In Maryland, and across the United States, we have “freedom of contract.” This means that you and another party (or parties) mostly can customize the terms of your agreements however you want without governmental interference. That freedom extends to prenuptial agreements, but it is not without limits. Certain subject matters…

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The Ingredients of a Successful and Enforceable Post-Nuptial Agreement in Maryland

Today more than ever before, the two people who enter into a marriage represent two individuals with pre-established lives, careers, and wealth. Given that reality, spouses (or spouses-to-be) today have a greater need for prenuptial or postnuptial agreements than ever before. As with any contract, success when it comes to…

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Sweating the Small Stuff: How Diligently Tending to All the Details Can Be Essential to Having an Enforceable Prenuptial Agreement in Maryland

Statistical research says that as many as 80% of people of divorced people will eventually remarry. The bad news is that second and subsequent marriages have a greater than 60% chance of ending in divorce. What’s all that mean? It means that, before you embark on that second or subsequent…

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How an Extramarital Affair Cost a Maryland Spouse $7M After a Maryland Court Upheld His Postnuptial Agreement

As is true of all contracts, prenuptial and postnuptial agreements require several ingredients for success. All parties should negotiate with good faith, and endeavor to live up to the promises they make in the agreement, as opposed to assuming that, if they fall short of the agreement’s terms, their attorney…

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