Prenuptial Agreements in Maryland

Updated August 3, 2023
21 min read
Prenuptial Agreements in Maryland


Prenuptial agreements, otherwise known as prenups, are contracts created between partners before marriage, and they're not as foreign thought as they once were, even in regions like Maryland. These prenuptial agreements, particularly pertinent to the discussion on a prenuptial agreement in Maryland, concern the division of assets, such as property and money, just in case there's a bump in the marital journey and divorce or death come into play in the future.

Prenups, including those drawn up toward a prenuptial agreement in Maryland, have traditionally been associated only with the rich and carry with them the rather negative assumption that divorce is imminent. However, today's climate tells a different tale. Nowadays, many couples are discussing a prenuptial agreement in Maryland in the backdrop of rising financial consciousness and an attempt to nullify debts. They seek to secure their assets, protect themselves from unforeseen debt, and make their financial future more predictable.

This article will cover when a prenuptial agreement, explicitly targeting a prenuptial agreement in Maryland, could benefit a couple. We shall also shed light on the legalities and processes involved in shaping a prenuptial agreement in Maryland and what the smart couple preparing for all possibilities might expect regarding cost. So buckle up as we navigate through the intriguing realm of prenuptial agreements in Maryland!

Who Should Get a Prenuptial Agreement in Maryland?

Pondering over who should get a prenuptial agreement in Maryland? These agreements are not just for the deep-pocketed. They are becoming the most favored legal instruments for couples across the economic ladder wanting to secure their assets. Indeed, a prenuptial agreement in Maryland serves as an insurance policy, giving couples peace of mind. 

For example, U.S. federal law under the Uniform Premarital Agreement Act supports the enforceability of prenuptial agreements, allowing various states, including Maryland, to provide this benefit to all couples. 

Today, prenuptial agreements, particularly a prenuptial agreement in Maryland, play a crucial role. They are designed with the thought to protect the wealthier spouse while ensuring fair asset division in the unfortunate event of divorce. Think of the rising prenup trend fostered by many public figures such as Mark Zuckerberg or even Kim Kardashian. Couples might also opt for a prenuptial agreement in Maryland if they bring children from previous relationships into their new union.

What Issues Do Prenuptial Agreements Cover?

In Maryland, a prenuptial agreement serves an instrumental role in setting the stage for a couple's financial future. A prenuptial agreement in Maryland can be used to clearly delineate financial obligations and rights for both individuals as they brace for marital bliss. For those wondering what kind of knots one can untangle through a prenuptial agreement in Maryland, here are some aspects it can address:

  • The master puppeteer's rights to properties bought before the marriage or ones to be acquired during the marital journey come under the umbrella of a prenuptial agreement in Maryland. Essentially, it chalks out each spouse’s rights to exercise control over any property, whether buying, selling, or managing it, during the marital course.

  • "Until alimony do us part" — Decisions on alimony are also laid down in the agreement. It will signify whether any party will be obligated to pay alimony. If yes, then how much and for how long. U.S. law titled 'Family Law § 8-101' in Maryland specifically discards the need for mutual consent in enforcing alimony provisions in an agreement.

  • Divvying up financial plateaus and valleys – deciphering the division of financial assets and sorting out debts.

  • Inheritance rights, especially of relevance if there are children from prior relationships. A prenuptial agreement in Maryland protects the inheritance rights of these children. For example, the Maryland Code, section 8-101, offers a specific provision for this.

Although a prenuptial agreement in Maryland is a powerful tool, it does have certain boundaries. Let's underline that, in Maryland, child custody terms or child support are not pegged onto the agreement. The nitty-gritty of these matters can only be unknotted at the time of separation — they aren't a piece in the pre-marital puzzle. 

The law, such as Maryland’s Family Law Article Section 8-203, dictates that court judgments on custody and support are based on what serves the child’s best interest and not the couple’s anticipated outcome. So, even though a prenuptial agreement in Maryland can be your guiding lighthouse, remember that it doesn't promise to control the sea's tides.

How Much Does a Prenup Cost in Maryland?

In the realm of prenups, you might wonder how much the financial investment could be for a prenuptial agreement in Maryland. In Maryland, legal counsels typically charge by the hour for the time they dedicate to crafting the contract. The time taken would hinge on the complexity level of the agreement, the intricacies of your current financial circumstances, and even the option to use other family-related templates that might be required. But for a ballpark figure, it's estimated that a standard prenuptial agreement in Maryland might set you back by around $1,200 to $2,400. But, of course, more complexity would entail a steeper fee.

Ensure you consult a legal expert from your state, one of the lawyers near you specializing in family law. They can do the prenuptial agreement for you or help you review your work if you go with a postnuptial agreement template

Many lovebirds could prioritize channeling their financial resources for the imminent — the wedding bells, the honeymoon, the first-time home purchase, and even future children on the horizon. So you can get a template for under $50 from reliable resources to get a legally binding prenuptial agreement in Maryland.

Maryland Prenuptial Agreement Law

Many states in the U.S., including Maryland, follow the law specifically governing prenuptial agreements called the Uniform Prenuptial Agreement Act. However, when specifically considering a prenuptial agreement in Maryland, it's noteworthy that there is no specific law tied to it. Rather, prenuptial agreements and contracts like these are governed by contract law, which is a layered area of law that assures a promise between two parties is legally binding.

This law spells out how a contract or prenuptial agreement in Maryland must be structured to satisfy legal requirements. It also specifies the language that should be threaded throughout the document for it to pass muster in court proceedings. According to this legal framework guiding a prenuptial agreement in Maryland, both betrothed individuals must provide full disclosure of all their financial assets and debts to each other before any drafting or agreement of a contract takes place.

Furthermore, the laws mandate that a prenuptial agreement in Maryland must be in writing and carry the endorsement of both parties for it to become legally binding. You do have the flexibility to modify them later. However, much like the original, any alterations to your prenuptial agreement in Maryland must also be in writing and bear the signatures of both parties. Though the law doesn't demand a verifying signature from a third party for agreement validation, it wouldn't hurt to have an extra signature. Such a signature could potentially fortify the validity of your prenuptial agreement in Maryland if it's required later in a court of law.

Are Prenuptial Agreements Worth it in Maryland?

Prenuptial agreements in Maryland cast a legal shadow that's strong enough to withstand court scrutiny. Once etched in ink, trying to invalidate a prenuptial agreement in Maryland can seem akin to climbing a greased pole. Therefore, investing in such an agreement is worth considering if you're a couple with a keen eye on safeguarding your financial future.

That being said, the fabric of contract law doesn’t abandon you to your fate. It offers safeguards against any foul play like fraud, coercion, duress, mistake, undue influence, incompetence, or unconscionability surrounding your prenuptial agreement in Maryland. Any sighting of these red flags offers either party a ground to challenge the agreement

Let's paint a picture — say you encounter an instance of fraud where a husband has concealed certain assets from his wife during the agreement's formation or vice versa. That's a crack in the wall of your prenuptial agreement in Maryland. As an added line of defense to reinforce your understanding, you could rope in an accountant to draft certified financial statements for each party. These statements then become appendages to your contract.

Maryland courts usually operate under the belief that most adults have a fairly good grasp of the agreement into which they're entering. However, if a prenuptial agreement reeks of unfair contract breach, the court will turn over every stone to ensure a fair deal. It will scrutinize whether contract validation was wrongfully done and if the foundation of your prenuptial agreement in Maryland was laid dishonestly.

It's important to underscore that a prenuptial agreement in Maryland dons its enforcement cape only in the scenario of a legal divorce. If a marriage goes down the annulment lane, the court brakes into enforcing these agreements, barring a few exceptional cases.


Prenuptial agreements in Maryland can be a safety net for any couple embarking on the journey of matrimony. Their primary goal is to fortify individual assets should the unfortunate wave of divorce wash over the marital shore. 

Governed by the state's contract laws, a prenuptial agreement in Maryland can help untangle any potential snags related to property rights, inheritance rights, alimony, and other financial hills and valleys of assets and debts. Thus, choosing to create a prenuptial agreement in Maryland is a pragmatic approach for couples wanting to foster a sense of financial security and clarity.

Frequently Asked Questions

Can a prenuptial agreement in Maryland be modified once signed?

Yes, a prenuptial agreement in Maryland can be modified after it has been signed. Both parties must agree to the changes. The modifications must be in writing and signed by both parties. However, having a third-party signature, possibly from a legal expert, may further strengthen the modification's validity.

How are pre-existing debts handled in a prenuptial agreement in Maryland?

In a prenuptial agreement in Maryland, pre-existing debts, much like assets, can be clearly delineated. One partner can ensure that they are not liable for the debts that his/her partner incurred before marriage by explicitly stating so in the agreement. This provides a level of financial security and shields the debt-free individual from any unforeseen circumstances related to their partner's prior debts.

Can a prenuptial agreement in Maryland include provisions for children from previous relationships?

Yes, a prenuptial agreement in Maryland can include provisions for children from previous relationships. In such cases, the agreement can serve to protect the inheritance rights of these children. This ensures that in the event of a parent's death, the agreed-upon assets will be passed onto them, providing long-term financial security for the children.