Prenuptial Agreement

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

May 31, 2024 | by Anthony A. Fatemi, LLC

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 as successful as possible also involves limiting the contract to subject matters that are enforceable in courts of law. Whether you’re deciding what subjects to include or negotiating the numbers, an experienced Maryland divorce lawyer can provide crucial assistance in drafting and executing your prenuptial agreement.

Recently, Yahoo! Finance AU reported on the “most ‘shocking’ clause” an Australian divorce lawyer – who had practiced law there for more than 20 years — had ever encountered in a prenuptial agreement. In a podcast interview, the attorney recalled a wealthy client who desired a provision that required his wife-to-be to avoid gaining weight or else suffer a financial penalty. Specifically, the prenuptial agreement said that “for every 10 pounds the wife gained in the marriage, she would lose US$10,000 (AU$15,000) a month in alimony,” according to Yahoo!

Judging by this interview, Australia apparently grants parties to a contract very strong freedom to construct those agreements as they wish. As the attorney explained, “The court said, ‘This is a disgusting provision. I don’t know why you married this person.’ But it’s enforceable. It’s a contract… they may be ridiculous rules but you agreed to them. And you have a right to do that.”

How Maryland Law Addresses Unconscionability Arguments in Prenuptial Agreement Enforcement Cases

November 22, 2023 | by Anthony A. Fatemi, LLC

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 you’re getting into. To do that, be sure you’ve consulted with an experienced Maryland prenuptial agreement lawyer.

As another example, there’s D.R. and L.R., a late middle-aged couple who signed their prenuptial agreement in the fall of 1992. The husband’s lawyer drafted the document. The wife’s attorney counseled against signing the agreement, but the wife signed anyway.

The agreement’s terms called for neither spouse to receive alimony and that the couple would not split income or assets. It also said that “the parties expect to reside together in a location, style, and manner mutually suitable to them,” and that ownership “of any homes, residences, or other real property acquired by [husband and wife] shall be held by the parties as Tenants in Common with no rights of survivorship.”

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

August 31, 2023 | by Anthony A. Fatemi, LLC

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 pet (or pets) decides to divorce. As is true of many circumstances surrounding divorce, you have options for dealing with this challenge. To make sure you are protecting your interests — and the best interests of your pet — it is wise to consult with an experienced Maryland divorce lawyer about your situation.

One location where the law is evolving is neighboring D.C. In April of this year, the “Animal Care and Control Omnibus Amendment Act of 2022” took effect. That new law says that, when a couple goes through a divorce or a legal separation proceeding, the trial judge should consider the “best interests” of the “pet animals” when deciding which spouse gets the pets.

Here in Maryland, the law functions differently. Maryland law says that pets are personal property, essential the same as a car, a boat, or a sofa. The significance of that — in terms of a divorce — is that your pets (much like that hypothetical car, boat, or sofa) are subject to equitable distribution if you acquired them during your marriage. (If you brought them into your marriage, the law often will deem them your non-marital property and you will retain them after the divorce. The same is true for pets your spouse brought into the marriage.)

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

June 30, 2023 | by Anthony A. Fatemi, LLC

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 cannot be controlled by a prenuptial agreement and clauses purporting to do so are necessarily unenforceable. Working with a knowledgeable Maryland prenuptial agreement lawyer can be invaluable in making the document you sign will accomplish the goals you desire to achieve.

Getting your prenuptial agreement “right” is crucial for multiple reasons. For one thing, courts will (due to freedom of contract) enforce most prenuptial agreement provisions as written. However, on the other hand, including an unenforceable provision may substantially damage your overall agreement.

A recent divorce case originating in Prince George’s County shows what can happen when a prenuptial agreement goes wrong. The agreement contained one paragraph that said that if the wife left, filed for separation, or filed for divorce, the husband would get full custody of the couple’s children and the wife would receive “unlimited visitation rights.” Additionally, the wife promised in the second paragraph to raise the children in the Islamic faith.

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

March 31, 2023 | by Anthony A. Fatemi, LLC

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 these agreements involves careful attention to detail to ensure you end up with (a) what you thought you agreed to, and (b) a valid and enforceable contract. In doing that, seeking out representation from an experienced Maryland prenuptial/post-nuptial agreement lawyer can help you to achieve those goals.

Last fall, this blog covered a Court of Special Appeals (now Appellate Court of Maryland) decision related to a couple’s post-nuptial agreement and the enforceability of a $7 million infidelity penalty. Ultimately, the court concluded that there was nothing illegal about the contract and, as a result, it was enforceable and the husband owed the penalty.

This post concerns itself less with details of that specific post-nuptial agreement and more with the things that any couple considering a post-nuptial agreement needs for success.

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

November 17, 2022 | by Anthony A. Fatemi, LLC

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 marriage, it is wise to consider pre-marital planning — such as a prenuptial agreement — before you wed. An experienced Maryland family law attorney can help you go about taking all the necessary steps to protect what you’ve built up to this point in your life.

A fairly negotiated and properly executed prenuptial agreement can be a huge help if you and your new spouse-to-be both have substantial wealth. It can be of even greater value if you have amassed wealth and your spouse-to-be has not, as one recent prenuptial agreement case from Baltimore County helps to illustrate.

In the Baltimore County case, the husband was a man in his early 50s who owned a successful construction and refrigeration business. He’d been married once, having divorced after 25 years, and had four adult children. The wife was in her late 20s, had a 12-year-old daughter, and according to the court, “was employed at an adult entertainment establishment” when she met the husband.

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

October 31, 2022 | by Anthony A. Fatemi, LLC

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 simply can get them out of it by getting the contract invalidated. If you are considering a postnuptial agreement, make sure that the terms you empower your Maryland family law attorney to negotiate are ones that you can live with… and live up to.

That background brings us to an interesting recent case from here in Montgomery County that involved a postnuptial agreement.

The wife was an account executive for a catering company. The husband was a wealth management advisor and wasn’t always faithful to his spouse. The wife discovered one of the husband’s affairs in 2014 and the couple separated. They eventually worked toward reconciliation, but the wife only agreed to continue the marriage if the husband signed a postnuptial agreement.

‘Pure Hot Rage’: ‘Washingtonian’ Looks at Female Payors of Alimony in Maryland, DC, and Virginia… and Ways to Potentially Avoid Undesirable Alimony Outcomes

August 17, 2022 | by Anthony A. Fatemi, LLC

Late last year, Washingtonian covered a trend regarding alimony that’s on the rise in Maryland, D.C., and Northern Virginia: divorces where higher-earning wives leave owing alimony to their husbands. The piece is a useful reminder that anyone (husband or wife) can potentially be ordered to pay alimony in Maryland and that ways (such as prenuptial agreements) exist to help avoid part or all of the horror of an unexpectedly unfavorable divorce judgment. Whether you’re negotiating a prenup or litigating alimony, make sure you have a knowledgeable Maryland family law lawyer on your side to fight for a fair outcome.

Many of the ex-wives in the Washingtonian piece expressed deep anger and resentment about paying alimony to ex-husbands who they viewed as insufficiently industrious. One wife described her husband as someone whom she “begged” to find a job, always without success. Another expressed resentment about owing alimony from a marriage where she allegedly earned the bulk of the family’s income and also bore the lion’s share of responsibility for domestic tasks.

One wife complained, “It’s not just as simple as saying, ‘Because men pay it, women should pay it, too.'”

When Your Spouse Can (and Can’t) Get Alimony in Maryland Even After Your Both Signed an Agreement Waiving the Right to Alimony

April 29, 2022 | by Anthony A. Fatemi, LLC

When you decide to enter into a prenuptial agreement or a marital settlement agreement, there are several critical phases. There’s the phase where you and the other party negotiate the terms of the agreement, and you work to ensure that all the terms adequately protect your interests. There’s also the phase where you and the other party execute the agreement, and you work to ensure that the document you sign matches the bargain you struck during the negotiation phase. Finally, there may be a phase where you have to litigate to enforce the agreement and get the benefit of the contract you signed. At each of these phases, your chances of getting the fairest possible outcome can be enhanced by having legal representation from an experienced Maryland spousal support (alimony) lawyer.

That’s because, at any phase, things can go astray from what you wanted… and executed.

For example, there’s the alimony case of X.L. and H.L., a couple who, in March 2016, worked out a prenuptial agreement. In that document, both spouses agreed to waive the right to receive alimony in the event of separation or divorce. They married one month later.

What Some Celebrity Prenuptial Agreement Disputes Can Teach You About Your Maryland Prenup

February 28, 2022 | by Anthony A. Fatemi, LLC

Here in Maryland, a prenuptial agreement can be a very beneficial thing for both you and your future spouse. Some people consider a prenuptial agreement to be the cynical ploy of someone who’s already planning a divorce before the wedding has even occurred, but that is rarely the reality. A well-written and fairly negotiated prenuptial agreement can give you confidence that you and your spouse will be in control, rather than a court, if the marriage eventually ends. Making sure that both you and your spouse are working with knowledgeable Maryland prenuptial agreement lawyers can go a long way in ensuring you get something that is fair, mutually agreeable, and largely safe from a subsequent legal attack.

Prenuptial agreements have been in the news a lot lately. In December, music mogul Dr. Dre finalized his divorce. During that litigation, the hip-hop icon sought to enforce a prenuptial agreement. The wife strongly opposed, arguing that she signed the agreement under duress.

Four months earlier, another celebrity prenuptial agreement dispute came to a close. Singer and talk-show host Kelly Clarkson successfully argued for the enforcement of the prenuptial agreement that she and her husband signed. News reports generally did not indicate why the husband thought the prenup was invalid.