What Is a Maryland Prenuptial Agreement?
If you’re getting married in Maryland, a prenuptial agreement lets you and your future spouse decide how to handle money, property, and debts. It can help you avoid arguments later if you divorce or if one of you passes away.
Maryland uses an equitable distribution system to divide property in a divorce settlement agreement. Unlike in community property states, which consider all property acquired during marriage to be owned by both spouses, equitable distribution may not result in a 50/50 division of property. Instead, the courts take into consideration factors such as both parties’ incomes, whether one spouse stayed at home while the other worked, and the length of the marriage.
Couples who wish to allocate assets and debts themselves will need a prenuptial agreement in Maryland, per MD General Provisions Code §8–101.
How to Write a Prenuptial Agreement in Maryland
A Maryland prenuptial agreement form should include certain information so the court will recognize its validity. Legal Templates offers a free Maryland prenuptial agreement template for writing your state-specific prenup.
- Enter personal information: Fill in the legal first and last names of both parties, their addresses, and list any children you share as a couple or from previous relationships.
- Define marital and separate property: Delineate property that will be considered a shared asset and what, if any, will belong to one spouse.
- Determine property division: Choose whether to split shared property based on Maryland law or a set percentage for each spouse.
- Assign business ownership: If one or both of you own a business, decide who will keep it if you divorce.
- Disclose debt: Maryland requires both people to share full details about their money and debts. List things like student loans, car loans, mortgages, and credit card debt, and decide who will be responsible for them.
- Plan for taxes: Record whether you will file taxes jointly or separately.
- Address shared real estate: Which spouse will reside in the marital home, or if you agree to sell the property, how will you distribute the proceeds? You can also allocate responsibility for household expenses during the marriage.
- Outline terms of spousal support: If one spouse will receive alimony, note the amount, or you can both agree to waive spousal support.
- Include additional clauses: The document builder allows you to make provisions for how a disabled spouse will be supported and cared for or for how to divide property when a spouse dies.
- Fill in dispute resolution: Choose a method for resolving potential disputes.
- Complete notary acknowledgments: Although Maryland doesn’t require prenuptial agreements to be notarized, it’s highly recommended that you complete a Maryland notary acknowledgment to verify the validity of your signatures and avoid potential legal challenges in the future.
- Sign the document: Both parties must sign the prenuptial agreement to make it legal.
A family inheritance is one example of an asset you may choose to protect in marriage. Should you divorce, the inheritance will remain in your name if it’s listed in the prenup as separate property.
Maryland Prenuptial Agreement Sample
Legal Templates provides a sample Maryland prenuptial agreement so you can see what’s included before completing your own using our Maryland prenuptial agreement template.
Legal Requirements in Maryland
Maryland statutory law doesn’t specifically address the legal requirements of prenuptial agreements. Instead, prenups are governed by contract and case law in the state.
Signing
The state requires both parties to sign a prenuptial agreement for it to be valid. The contract goes into effect when the marriage occurs.
If you’re already married, consider adopting a Maryland postnuptial agreement. It serves the same function as a prenup, but it is used after a couple marries and goes into effect when both spouses sign the document.
Enforceability
Maryland courts generally recognize prenuptial agreements as long as they are fair and conscionable to both parties.
Financial Disclosure
Both spouses are required to submit complete financial disclosures as part of the prenuptial agreement process. If it’s later discovered that one party concealed assets or debts, a court has the right to invalidate the prenup.
Excluded Terms
A prenuptial agreement in Maryland does not cover issues of child custody and support. The court will determine custody arrangements as per MD Family Law Code 9-101.
Attorney Representation
Although Maryland does not require you to hire legal representation to draft a prenuptial agreement, it’s strongly recommended that each spouse retain independent counsel to represent their interests and review any legal documents before signing.
Spousal Support Waivers
Maryland allows couples to waive alimony if both parties are in agreement. However, the court reserves the right to invalidate or modify a spousal support agreement in certain cases where there has not been a complete waiver of support, per MD Family Law Code §8–103.
Modifications and Sunset Clauses
Modifications of prenuptial agreements in Maryland must be made in writing and signed by both spouses. Sunset clauses, which specify a time or event when all or portions of the prenuptial agreement expire, are permitted — for example, after a specified number of years or upon the birth of a child.
