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Voiding the prenuptial agreement

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justalayman

Senior Member
it sounds like future MIL may be attempting to sway op away from obtaining legal counsel. That, to me, makes it all the more important that op does obtain her own legal counsel.

As to the actual question; There is caselaw that does ruled the lopsided financial status, alone, was not adequate to render the agreement void.

http://caselaw.findlaw.com/md-court-of-special-appeals/1645942.html

As well a lack of full disclosure of the husband’s assets was not adequate to render the agreement void

As well, the lack of consulting counsel was not adequate to render the agreement void although there was discussion regarding the fact the wife did have the opportunity to seek counsel. That suggests that a party not having adequate opportunity to seek counsel might provide for a different outcome.
 


quincy

Senior Member
it sounds like future MIL may be attempting to sway op away from obtaining legal counsel. That, to me, makes it all the more important that op does obtain her own legal counsel.

As to the actual question; There is caselaw that does ruled the lopsided financial status, alone, was not adequate to render the agreement void.

http://caselaw.findlaw.com/md-court-of-special-appeals/1645942.html

As well a lack of full disclosure of the husband’s assets was not adequate to render the agreement void

As well, the lack of consulting counsel was not adequate to render the agreement void although there was discussion regarding the fact the wife did have the opportunity to seek counsel. That suggests that a party not having adequate opportunity to seek counsel might provide for a different outcome.
Maryland likes its prenuptial agreements, huh? :)

I think Olga would be doing herself a grave disservice if she signs any prenuptial agreement without having her own attorney review (and revise) it so her own interests are protected.

As a note: I made your link "live" for easier review. The Court discussed nicely the factors considered that make (or don't make) a prenuptial agreement valid. The note that Ms. Stewart still was able to walk away from her marriage, prenuptial agreement intact, with $1.2 million in assets was interesting. :)
 
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HRZ

Senior Member
Well I can assure you lack of independent counsel was a big problem a few miles north ....but the smart thing is not to go there !

And by independent counsel I do not mean prospective MIL has a long standing relationship with a significant law firm . And takes you to the firm and her friendly senior partner most helpfully takes you to a very nice associate and MIL takes care of your bill..two days before the wedding .

OP , you have not posted one reason why or how this benefits or protects YOU....and if fiancé depends on Mom to make his decisions...watch out! THere might be good reason S ...you list the ones for you. !
 

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