Maryland Divorce Lawyer Blog
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 happen. When it doesn’t, the result may be an invalid and unenforceable agreement. Whether you are considering creating (or signing) a prenuptial/postnuptial agreement or need to pursue invalidating one, having a knowledgeable Maryland family law attorney on your side can be vital to your success.
A celebrity divorce — and questions around the enforceability of the couple’s prenup — were in the news last year.
Early last year, Jeannie Mai, a TV host whose credits included the 2022 and 2023 Miss Universe pageants, sought to set aside the prenuptial agreement she and her husband, rap star Jeezy, had signed. Mai argued in court papers that the contract was invalid because “she signed the prenup paperwork only five days before [the] wedding and could not thoroughly examine” the document.
The couple finalized their divorce in June.
In Maryland, the law recognizes only a few bases on which a spouse can obtain a court order nullifying a prenuptial or postnuptial agreement. These include duress and coercion. Duress or coercion refers to situations where parties are forced to sign contracts. That force can be physical, psychological, or economic.
When a Short Turnaround Time is Problematic
One way duress or coercion can be present and defeat the enforcement of a prenuptial or postnuptial agreement is when one spouse does not receive an appropriate length of time to review the document and consult with her/his own attorney.
In 2021, our intermediate appellate court (then known as the Court of Special Appeals) looked at this topic. In that case, the husband first mentioned the prenup “approximately a week before the wedding.” He allegedly insisted that the wife read and sign the document before she underwent a final wedding dress fitting, which was already scheduled. Six days before the ceremony, the wife signed.
The trial court tossed the agreement, and the appeals court upheld that ruling. The trial court looked at the husband’s insistence that the agreement “be read and signed before the scheduled dress fitting, and the overall picture of husband’s control” in finding the agreement was null and void.
A 2013 Court of Special Appeals ruling shows the other side of this topical coin. The case involved a couple who signed their prenuptial agreement four days before their wedding. The wife alleged that she first received the document the same day she signed it, while the husband contended that he first submitted it to her three to four weeks before the wedding.
This case shows that even a short window of time may not, by itself, be enough to invalidate a prenup. According to the court, even if the wife did not get the agreement until four days before the wedding, the evidence showed that “her position was she loved him, she was gonna marry him regardless.” Under those facts, duress or coercion could not be considered present because the wife was not forced into doing something she otherwise would not have done.
If you are considering the possibility of a prenuptial or postnuptial agreement, you should want one that all parties have a fair opportunity to analyze and evaluate. Failing to do this may unravel your goals if a court ultimately throws out the document. To help ensure you get an agreement that does what you want and will stand up to any potential court challenges, talk to the knowledgeable Maryland family law attorneys at Anthony A. Fatemi, LLC. Our team is here to provide the effective representation you deserve at every step along the way. Contact us today at 301-519-2801 or via our online form to set up your consultation.