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Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in Maryland
- Both parties must enter into the agreement voluntarily, without coercion or duress.
- The agreement must be in writing and signed by both parties.
- Maryland law requires the signature to be witnessed by two individuals and notarized.
- Both parties must provide full and fair disclosure of their assets, debts, and income.
- The terms must be fair and reasonable at the time of execution, and not unconscionable.
- It's highly recommended (and sometimes required for enforceability) that each party consults with their own independent attorney.
How to set up a Prenuptial Agreement in Maryland
- List all assets, debts, and income for both you and your partner. Be thorough to satisfy disclosure requirements.
- Discuss and agree on key terms: division of property, spousal support (alimony), retirement accounts, and any other financial matters.
- Draft your prenuptial agreement. Use a prenup template or hire a lawyer to create a custom agreement that meets Maryland's legal standards.
- Review the agreement with separate attorneys. Each party should get independent legal advice to ensure the agreement is fair and enforceable.
- Sign the agreement in the presence of two witnesses and a notary public to comply with Maryland's execution formalities.
- Store the signed original in a safe place. Consider keeping copies with your attorney or in a safety deposit box.
How much it costs
The cost of a prenuptial agreement in Maryland varies. Using a prenup template can cost as little as $200, but hiring a lawyer typically ranges from $1,500 to $5,000 or more, depending on complexity. Both spouses having separate attorneys adds to the cost, but it's a worthwhile investment to ensure your prenup is valid and enforceable.
Maryland Prenup Prep: Start Right
Before drafting your Maryland prenuptial agreement, gather these essentials and understand key state rules to avoid common pitfalls.
- List all assets, debts, income, and expected inheritances for both spouses.
- Each spouse must fully disclose finances — hiding assets can invalidate the agreement.
- Both parties need independent legal counsel; waiving attorneys can lead to unenforceability.
- Sign the agreement voluntarily and well before the wedding (weeks to months), not under duress.
- In Maryland, a prenup must be in writing and signed by both parties; notarization is recommended for recordability.
- Consider future changes (children, career moves) and avoid unconscionable terms that a Maryland court could reject.
Questions people ask
Are prenuptial agreements legal in Maryland?
Yes, prenuptial agreements are legal and enforceable in Maryland, as long as they meet specific requirements. The agreement must be in writing, signed voluntarily, include full disclosure, and be fair at the time it's made.
What makes a prenup invalid in Maryland?
A prenup can be invalidated if it was signed under duress, if there was fraud or failure to disclose assets, if it's unconscionable, or if the parties didn't have a chance to consult with attorneys. Following the formalities (witnesses and notary) is also crucial.
Can a prenuptial agreement cover alimony in Maryland?
Yes, you can include provisions for alimony (spousal support) in your prenup. However, Maryland courts may review these terms for fairness, especially if they would leave a spouse without adequate support.
Should I use a prenup template or hire a lawyer in Maryland?
Templates can be a good starting point, but given Maryland's specific legal requirements and the potential for disputes, consulting with a qualified prenup lawyer is strongly recommended. A lawyer can tailor the agreement to your situation and help avoid mistakes that could make it unenforceable.