Download Maryland Postnuptial Agreement Form [PDF]

The Maryland postnuptial agreement is a legal document created between the two spouses for the purpose of outlining their rights and obligations in terms of their individual and marital property. Moreover, the postnuptial agreement often regulates matters like property division in the case of a divorce, matters connected with alimony, pension, insurance, and more.

The main difference between a postnuptial and a prenuptial agreement is the moment the document is signed. With a prenup agreement, the parties sign the document before they get married. However, with the postnup agreement, the parties can sign the document once they have already entered the marriage.

Laws and Legal Requirements for a Postnuptial Agreement in Maryland

The laws and legal requirements for a postnuptial agreement in Maryland are outlined in the state laws and court decisions. Maryland hasn’t adopted the Uniform Marital Agreement Act.

Section 8-101 of the Maryland Code, Family Law Section, provides that “[a] husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.”

When it comes to court decisions, one of the most important cases for determining the legality of the postnuptial agreement in Maryland is Cannon v. Cannon (2005). It provides that the postnuptial agreement is interpreted like any other contract and that it must be entered into freely, without pressure, fraud, or duress.

Signing Requirements for a Postnuptial Agreement in Maryland

The state law provides that the Maryland postnuptial agreement must be made in written form. Moreover, the formality criteria set by the state law require both parties to the postnuptial agreement to sign the document.

The state law, however, doesn’t require parties to notarize their postnup agreement. Anyway, the parties should consider completing this step whenever possible. In this way, parties will additionally confirm the authenticity of the document and prevent potential fraudulent activities.

The notarization process for the postnuptial agreement is quite simple. The notary public will identify both parties to the agreement and acknowledge that they have signed the document.

Postnuptial Agreement Enforcement in Maryland

The Maryland postnuptial agreement form must fulfill multiple requirements to be considered enforceable. First, both parties must voluntarily sign the document. This means that they must sign the document without coercion, influence, fraud, duress, or any similar manipulation of the spouse's free will.

Moreover, the postnup agreement must include a complete and truthful overview of each spouse’s financial status by presenting their liabilities and assets.

If these criteria are not met, one of the parties can raise a claim with the court, and the court can declare certain provisions or a whole agreement unenforceable.

What Can a Postnuptial Agreement in Maryland Cover?

The postnuptial agreement in Maryland can cover different aspects of the financial and non-financial relationship between the two spouses. However, all the provisions of the postnuptial agreement template must be in line with state law and public policy.

In this section, you can see the matters that are most commonly regulated by the postnuptial agreement:

Postnuptial Agreement in Maryland: Validity Criteria

First, the postnuptial agreement template must be in line with all the formality requirements set by the state law. This means that the postnuptial agreement will not be considered valid unless it is made in written form and signed by both spouses.

Second, the validity of the postnuptial agreement is connected with the existence of marriage. That means that the parties can enter into a valid postnup agreement only after they get married.