How is a prenuptial agreement enforced?

In Maryland, a prenuptial agreement is enforced by the court that handles divorce proceedings. A prenuptial agreement is a contract that is created before two individuals get married. It typically outlines how assets will be divided between the two in the event that they divorce. In Maryland, the court will use the prenuptial agreement to help determine how a divorce is to be settled. For an agreement to be valid, both parties must be informed of the agreement, the agreement must be in writing, and both parties must sign it. If the court finds that the agreement was validly formed with both parties aware of the consequences, then the court will follow the agreement and use it to settle the divorce. However, if the court finds that the agreement was not validly formed, the court will not follow the agreement. They may look to any evidence to decide how best to settle the divorce in the absence of the agreement. The court may also consider any other relevant evidence in settling the divorce, such as the income of each spouse, the length of the marriage, and the age of any children. Ultimately, the court will use all relevant evidence to settle the divorce. If the prenuptial agreement is found to be valid, then the court will usually rely on the agreement to do so.

Related FAQs

What are equitable distribution of property laws?
How is the division of debt determined?
How is marital debt distributed?
How do I respond to a divorce petition?
What are the tax implications of a divorce?
How is child custody determined?
Can I get an annulment?
What is an uncontested divorce?
What documents do I need to file for a divorce?
What is a temporary restraining order?

How is a prenuptial agreement enforced?

Related FAQs

Related Blog Posts