Maryland Family Law

A Royal Pre-Nup?

The media is abuzz with news about the upcoming wedding of Prince William and Kate Middleton.  The ABA Journal reports about the possibility of a pre-nuptial agreement (also called antenuptial agreements).  Such agreements are very common when the bride and/or groom to be have significant assets, and can provide some guidance and certainty should the marriage not work out.  

 

Islamic marriage contracts

This week, I read and interesting post regarding Islamic marriage contracts. In this article, the reader regrets not reading her marriage contract, and details the common circumstances  in which the she was encouraged NOT to read it.  Is such a contact legally enforceable?  Readers, by now you know my oft-given answer of "it depends."  Pre-marital contracts (typically referred to as prenuptial agreements) can be legally enforceable, and are commonly upheld by the court unless it can be proven that there was fraud, duress or unconscionability.  Contracts can also be voided if they are found to be against public policy.  It is also possible that the court will find one part of the agreement invalid, yet other portions may be valid.  One example cited in the article is a provision to prohibit the wife from petitioning for divorce.  It is extremely likely that provision would be enforceable in Maryland, because it is fundamentally different from our legal system.   For example, see Aleem v. Aleem, in which the Maryland Court of Appeals refused to recognized a Pakistani divorce in which the Wife was given no opportunity to respond or seek her share of marital property.  Sound exotic to you?  I have had this issue come up in one of my Montgomery County cases, and I was successful in convincing the judge to not uphold the marriage contract.

Married at the Tax Court

A bill is currently pending in the Maryland House of Delegates which would empower judges on the U.S. Tax Court to perform weddings.  See the article on the Daily Record blog.  To me, this begs the question:  who would want to be married at the Tax Court?  When I'm at the courthouse, I often see couples (sometimes with full bridal parties and a throng of relatives) waiting for the ceremony.  Is there a shortage of judges and clerks who can perform marriages? 

Fiances and Finances

Before marriage, couples need to discuss their finances and be prepared to be honest about money, according to this article in Newsweek.  It should come as no surprise, money is one of the biggest stressors in a relationship.   Some topics you may want to discuss include:  how much debt you have, what retirement assets you have, and whether you are more of a "saver" or a "spender."  It's also important to talk about your goals, such as buying a house, paying off debt, starting a business, earning a degree or starting a new career.  If you have substantial assets or children from a prior marriage, you may want to consider having a pre-nuptial agreement.  If you and the one you love don't see eye to eye on these issues, don't despair.  You could agree to each have your own discretionary funds, keep assets solely titled, or find other compromises.  The important thing is to not let financial issues take you by surprise!