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 – and what not – to do as you navigate the process of prenuptial agreements, postnuptial agreements, and divorce. One thing that is always a good idea is to contact a knowledgeable Maryland divorce lawyer whenever you have questions.
Ashley Darby, a native of Sandy Spring, Maryland, and one of the featured spouses on “Real Housewives of the Potomac,” filed for divorce from her husband, Michael Darby, earlier this month, according to TMZ. The couple separated in April 2022. The husband told TMZ that the spouses had worked out a mutually agreeable marital settlement agreement, guided in part by the couple’s prenuptial agreement.
According to other sources, including Yahoo! Entertainment News, the couple had multiple agreements.
Sunset Clauses
The pair’s prenuptial agreement contained a “sunset clause.” Sunset clauses can be helpful ways to limit a prenuptial agreement. In a prenup with a sunset provision, the clause stipulates an event that marks the end of the contract’s enforceability. While the passage of a stated period is the most common variety, it is not the only one. Examples of other potential sunset triggers include things like the birth of the couple’s first child or the satisfaction of a substantial debt that one spouse brought with them into the marriage.
Spouses can alter the trigger stipulated in their sunset clause if both agree. Any changes should be put in writing and signed by both partners. In the Darbys’ prenuptial agreement, the sunset trigger was the passage of three years. Later, they modified that term, making it five years.
If you do not make changes and the triggering event occurs, then the prenuptial agreement has no legal effect, and your divorce will proceed as if the agreement never existed. If your prenuptial agreement expires, you still have options, though. One is for you and your spouse to execute a postnuptial agreement.
A postnuptial agreement is essentially the same as a prenup, except it is established during the marriage, not before. During Season 5 of the show, the wife indicated her desire for a postnuptial agreement after an issue of infidelity. The wife also indicated her intention to secure a deal where she got “half” of everything. The ultimate outcome was markedly different. In a 2023 reunion special, the wife divulged that the “renegotiation really just did not work out in [her] favor” and, under the terms of the agreement, she was entitled to zero alimony.
The Importance of Legal Representation
While the wife has legal counsel representing her in her divorce action, she previously indicated during the show’s run that she had proceeded to negotiate at least one of her marital agreements without a lawyer, arguably with terrible results. Spouses negotiating a prenuptial or postnuptial agreement should always strongly consider having legal representation. Having a skilled attorney does not mean you are trying to “play hardball” any more than getting an agreement at all indicates you lack confidence in your marriage’s future longevity. Having a knowledgeable lawyer offers many benefits. In addition to helping ensure the agreement you reach is not unconscionably unfair and that the document you sign matches what you and your spouse agreed to, an experienced legal pro can also ensure you avoid errors in the wording of the document that potentially could render part or all of the agreement unenforceable.
If you are considering a prenuptial or postnuptial agreement, get in touch with the experienced Maryland family law attorneys at Anthony A. Fatemi, LLC. Our team is here to guide you to an agreement that meets the law’s requirements as well as all of your needs and goals. Contact us today at 301-519-2801 or via our online form to set up your consultation.