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First Point: Prenuptial Agreements are Similar to Other Contracts
When many laypeople think about prenuptial agreements, they tend to think that these agreements are somehow “special,” and that they don’t follow the same principles as other agreements. In reality, prenuptial agreements are really very similar to any other type of contractual agreement; the primary difference which sets these agreements apart is that they are signed at a particular point in time, and they fulfill a narrow purpose. Aside from these things, they are essentially indistinguishable from other contracts. When a prenuptial agreement is developed, for instance, the agreement needs to be informed by the same general principles which inform other contracts. There needs to be clarity regarding what is being agreed upon, the terms of the agreement, the acceptance of the agreement, and so forth. Although the process by which these agreements come about may be different, ultimately these agreements are all about the enforcement of promises between parties, and this same point applies to basically all other contractual agreements.
Fraud, Duress and Coercion Will Undermine a Prenuptial Agreement
When it comes to the enforceability of prenuptial agreements, there are several things which will automatically render a prenuptial agreement unenforceable. Prenuptial agreements can be undermined in many ways, just as other contracts can be so undermined; but, the presence of any one of these things will necessarily render a prenuptial contract facially invalid. If one of the parties signed the agreement under fraud, duress or coercion, then the agreement will be considered unenforceable and invalid. Establishing any of these items is not always easy, and there must be an individual analysis to make a determination.
Fraud refers to an act of deliberate deception perpetrated against one of the parties. This may take the form of misrepresenting assets to induce assent. If this type of misrepresentation is found, the whole agreement will be rendered unenforceable. Duress is often more difficult to pinpoint: essentially, duress refers to some type of undesirable influence exerted over one party which induces assent. The idea underlying duress is that the party under duress wouldn’t have given assent under different circumstances, and so the agreement is patently inequitable as a result. Coercion is easier to define: a party is “coerced” if the other party essentially compels them to give assent. If one party only signs because the other party threatens to inflict certain repercussions unless there is assent, this is a form of coercion.
Again, underlying all three of these concepts is the idea that both parties need to give voluntary acceptance to terms which are clearly and unmistakably defined and understood at the moment of acceptance. This is a pivotal idea in contract law in general, and one which certainly applies to prenuptial agreements just like it does to other contracts.
Contact the Murphy Law Firm for More Resources
If you want to learn more about prenuptial agreements, the enforcement of prenuptial agreements in Maryland, including more about fraud, duress and coercion, contact one of the top family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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