Getting married in Maryland? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Maryland has no dedicated prenup statute, but key case law includes Cannon v. Cannon (2005), which clarified that general contract defenses apply and outlined the factors above. Hartnett v. Hartnett (Md.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Maryland courts use a two-pronged test to evaluate prenups, focusing on procedural fairness and substantive fairness. The Maryland Court of Appeals in Cannon v.
- Maryland has no separate statute for premarital agreements; they are governed by Maryland contract law and informed by case precedents.
Are prenups legal in Maryland?
Maryland has no separate statute for premarital agreements; they are governed by Maryland contract law and informed by case precedents. A Maryland prenup must be in writing and signed by both parties to satisfy the Statute of Frauds. While notarization is not required by law, it’s common practice to have prenups notarized in Maryland to add a layer of formality and make it easier to prove execution.
What makes a Maryland prenup enforceable?
Maryland courts use a two-pronged test to evaluate prenups, focusing on procedural fairness and substantive fairness. The Maryland Court of Appeals in Cannon v. Cannon, 384 Md. 537 (2005) outlined that the challenging party can invoke standard contract defenses (fraud, duress, coercion, mistake, etc.
What you can—and can’t—include
A Maryland prenup can address division of property upon divorce, including classifying what will be considered separate property vs. marital property (overriding Maryland’s default equitable distribution rules).
Simple process
For Maryland, the process should aim to satisfy the five factors from Cannon. Both parties should disclose their financial positions in detail – ideally through a written schedule attached to the agreement or exchanged and acknowledged in the agreement.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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