Prenuptial Agreements (Maryland)

What is a Prenuptial Agreement?

A Prenuptial Agreement, also known as an Antenuptial or Premarital Agreement, is a contract between two people who intend to marry. In Maryland, a Prenuptial Agreement must be in writing, and each spouse must sign the document. Each spouse shall give the other spouse a full disclosure of his or her assets and debts, unless a spouse waives the right to receive that information. The agreement takes effect when the couple marries.

What issues can be included in a Prenuptial Agreement?

The contract resolves in advance issues such as the separation, and alimony and property division should the couple divorce.  

Can a Prenuptial Agreement be challenged?

Yes, a Prenuptial Agreement can be challenged however; the person challenging the Agreement has the burden to prove the contract is unenforceable.  

What might make a Prenuptial Agreement unenforceable?

The person challenging the Agreement may assert defenses such as fraud, duress, coercion, mistake, undue influence, incompetency, and/or unconscionability.

(01/30/18)