Download Maryland Prenuptial Agreement Form [PDF]

Determine how your marital property will be managed between your partner and you by creating a Maryland prenuptial agreement.

Last update: 23 Apr 2024

Download Maryland Prenuptial Agreement Form [PDF]

The Maryland prenuptial agreement is a legal document used between the two parties that are about to get married. They primarily use the prenuptial agreement to outline and separate the individual assets and liabilities they accumulated before the marriage and decide their status in relation to the marital property.

Parties also use the prenuptial agreement after marriage, in case they get divorced, and create rules on how the property accumulated during the marriage will be divided between the partners. However, if the parties include the rules on how they will manage marital property, this document can also be helpful to the parties during the marriage.

Laws and Legal Requirements for a Prenuptial Agreement in Maryland

The few provisions of state law and precedent-setting court cases are the only sources of guidance for prenuptial agreements in Maryland because the state has not ratified the Uniform Premarital Agreement Act.

Sections 8–101, 102, and 103 regulate the status and formation of a deed or agreement that relates to alimony, support, property rights, or personal rights between a “husband and wife.”

Signing Requirements for a Prenuptial Agreement in Maryland

The case called Barbara Ann Stewart v. James Edward Stewart (No. 0249, Sept. Term, 2011) provides details on the signing requirements for a prenuptial agreement in Maryland. Both future spouses should sign the prenuptial agreement, and the document should be in writing.

Additionally, if possible, the parties should have the prenuptial agreement notarized. The notary public will confirm the identity of the signing parties and acknowledge that they have personally signed the document. This will additionally confirm the authenticity of the document and prevent potential disputes or fraudulent activities in this regard.

Prenuptial Agreement Enforcement in Maryland

The prenuptial agreement form will be unenforceable if one of the parties proves that they have signed the document unwillingly or under coercion.

Furthermore, the document will be unenforceable if one of the parties fails to present their full financial status in the prenuptial agreement. This can happen when one of the parties fails to outline all the assets they have obtained before the marriage or if they don’t present all of their liabilities.

Another reason for declaring the prenup agreement unenforceable is when enforcement of the document makes one party eligible for support under a program of public assistance. In that case, the court can order one party to support the party that becomes eligible for the public assistance support program.

What Can a Prenuptial Agreement in Maryland Cover?

The parties are free to include any provision in the prenuptial agreement template that regulates their financial relationship. 

These provisions can regulate the following matters:

Provisions in a Prenuptial Agreement

  • The rights and obligations of each partner in terms of their individual and marital property

  • Right to buy, sell, mortgage, lease, exchange, transfer, or manage the property obtained during the marriage

  • Rules on how the property will be divided between the partners in case they get separated, divorced, or in other similar situations

  • Matters connected to spousal support or alimony

However, all the provisions included in the prenuptial agreement must be in line with state law and public policy. Otherwise, the provision or the whole agreement might be declared invalid.

Prenuptial Agreement in Maryland: Validity Criteria

The prenuptial agreement must fulfill the basic formal criteria to be considered valid. This means that the document must be in written form, and both parties to the agreement must sign it.

Moreover, the validity of the prenup agreement is connected to the existence of marriage. This means that the document will be considered invalid if the parties don’t get married after signing it.

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