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During this time of social distancing, the Law Office of Marla Zide, LLC is offering both phone and video conferencing options for meetings and consultations. You will be able to contact us via phone during regular business hours to schedule.

Validity of prenuptial agreements and other marital contracts

| Aug 30, 2018 | prenuptial agreements

When Maryland couples or others around the country get divorced, emotions can often run high. Issues such as child custody or division of property can become contentious. In many situations, having prenuptial agreements or similar agreements in place can greatly reduce the amount of tension between the parting spouses. However, if one party questions the validity of a marital agreement during the divorce proceedings, the tension is likely to flare again.

Lisa Marie Presley, the daughter of Elvis and Priscilla Presley, is in the midst of seeking a divorce from her husband, Michael Lockwood. She filed for the divorce in another state in June 2016. Lockwood is claiming that he did not realize he had forfeited the opportunity to receive spousal support when he signed two postnuptial agreements.

Presley met Lockwood in 2003, then married him in 2006. In 2007, a postnuptial agreement was suggested. However, court documents show that Lockwood claimed to not know what the document intended and that he did not read it. Yet, Lockwood signed two versions of the agreement at separate times.

Lockwood now claims if he had known what was included in the agreements, he would not have signed them. Presley’s attorney contends that Lockwood had to have made an attempt to read the documents in order for him to know he didn’t understand what was included in them. The judge in this non-jury trial will make a determination regarding the postnuptial agreement between the couple.

Documents such as prenuptial agreements or postnuptial agreements can be very useful when going through a divorce. However, for them to be binding, the documents must meet specific legal requirements. A Maryland divorce attorney can assist clients with the development of any marital agreement, whether or not a couple is planning a wedding or is already married.