Legal Question in Family Law in Maryland

premarital agreement

A friend signed a contract stating fidelity during marriage. He did not fulfil promise. Nearly two years later his ex-wife is seeking $50,000 damages. Aparantly she has proof of unfaithfulness and contract is legal. Does he have an out? Statute of limitations? No fault divorce decree? Divorce is said and done and property had been split at time of divorce. Is it legal to try to enforce this contract after so much time has passed?


Asked on 12/05/06, 9:55 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: premarital agreement

If the wife knew of the infidelity before the divorce was final, your friend could argue that the finality of the divorce barred this claim under the doctrine of laches. If she only discovered it after the divorce, the language of the contract would have to be reviewed to see if she has a valid cause of action.

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Answered on 12/07/06, 2:33 pm


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