Maryland-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Prenuptial agreements in Maryland are governed by contract law and a body of case law, not a uniform statute. Maryland has not adopted the Uniform Premarital Agreement Act. A statute permits spouses and prospective spouses to enter property agreements, but the rules for enforceability come from the courts, most importantly the 2005 Maryland high court decision in Cannon v. Cannon.
Maryland is an equitable distribution state, not a community property state. Without a prenuptial agreement, a court divides marital property in a way it considers equitable, which is not the same as an even split. A prenuptial agreement lets you decide these terms in advance rather than leaving them to a judge.
What makes Maryland distinctive is the confidential relationship doctrine. Maryland law presumes that a couple planning to marry is in a confidential relationship, where each trusts and relies on the other. Because of that, when a prenuptial agreement is challenged, the burden of proof falls on the party trying to enforce it, not on the party challenging it. This is the opposite of how most states handle it, and it is the single most important thing to understand about Maryland law.
The test Maryland courts apply is whether there was overreaching, meaning whether, in the trust-based atmosphere of the relationship, the agreement was unfair or inequitable in how it was procured or in its result. The court looks at both procedural fairness (whether the challenging party entered the agreement freely and with understanding) and substantive fairness (whether the rights given up were reasonable in light of what the party received).
The key to defeating an overreaching claim is disclosure. The party seeking to enforce the agreement can show there was no overreaching in one of two ways: by proving there was frank, full, and truthful disclosure of the value of all property subject to waiver, or by proving the other party already had adequate knowledge of that property. Maryland courts have been clear that where there is full, frank, and truthful disclosure, there can be no overreaching, and a challenger is left to ordinary contract defenses like fraud, duress, or undue influence. That is why, in Maryland, complete financial disclosure is not just good practice. It is the thing that makes the agreement defensible.
To be valid, the agreement must be in writing and signed. Each party should have a genuine opportunity to consult independent counsel, and notarization is strongly recommended.
Maryland flips the usual rule. Because the law treats an engaged couple as being in a confidential relationship, the spouse who wants to enforce the prenup has to prove it was fair, and the way they do that is by showing full, frank, and truthful financial disclosure. With complete disclosure, an overreaching challenge generally fails. Without it, the agreement is exposed. That is why disclosure is the centerpiece of every Maryland agreement we draft.
$150, credited toward your agreement.
Custom to Maryland law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Because Maryland places the burden on the enforcing party and treats disclosure as decisive, we build the process around full, documented financial disclosure and a genuine opportunity for each party to consult counsel.
Flat fee. Clear scope. No surprises.
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We work with couples across Maryland, from Baltimore, Columbia, and Silver Spring to Frederick, Rockville, Gaithersburg, Annapolis, and Bethesda. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Maryland-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, understands Maryland’s confidential relationship doctrine and the Cannon standard, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Maryland, also called an antenuptial agreement, is a written contract signed before marriage that sets out how a couple’s property, debts, and spousal support will be handled if the marriage ends in divorce or death. Maryland has no prenup statute setting the enforceability test, so these agreements are governed by contract law and case law, primarily Cannon v. Cannon.
Yes, but Maryland applies a distinctive standard. Because the law treats an engaged couple as being in a confidential relationship, the burden is on the party seeking to enforce the agreement to show there was no overreaching. The most effective way to do that is full, frank, and truthful financial disclosure. With it, the agreement is on strong footing.
A valid Maryland prenup must be in writing and signed, entered into freely and with understanding, and supported by full, frank, and truthful financial disclosure (or proof the other party already had adequate knowledge of the assets). Each party should have a genuine opportunity to consult independent counsel, and notarization is strongly recommended.
At Prenups.com, a Maryland prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Maryland prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding so there is no time pressure, and so there is ample time for the full financial disclosure that is central to enforceability in Maryland.
Yes. A prenuptial agreement must be signed before marriage and takes effect on the date of marriage. If you are already married, a postnuptial agreement is available under the same general framework. Maryland does not set a fixed statutory waiting period, but signing well in advance supports the conclusion that the agreement was entered into freely.
Yes. In Maryland, the party seeking to enforce the agreement bears the burden of showing there was no overreaching, given the confidential relationship. If they cannot show full disclosure or the other party’s adequate knowledge, the agreement is vulnerable. Even with disclosure, an agreement can still be challenged on ordinary contract grounds like fraud, duress, coercion, mistake, or undue influence.
A Maryland prenup can address the division of property and assets, the waiver or allocation of rights in each other’s property, spousal support including waiver, the treatment of debts, gifts, and inheritances, the protection of a business, and estate planning, including protection for children from prior relationships.
A Maryland prenup cannot determine child support, custody, or visitation, which the court decides based on the child’s best interests. It also cannot be enforced if the enforcing party cannot show the absence of overreaching, and it cannot include terms that violate public policy or law.
Maryland does not strictly require each party to have a separate attorney, but a genuine opportunity to consult independent counsel is an important factor in showing the agreement was entered into freely and without overreaching. Given that the enforcing party carries the burden of proof, independent representation for each party is strongly recommended.
Yes. A prenuptial agreement is one of the most effective ways to protect a business in Maryland. It can confirm that a business is separate property, address how growth in value during the marriage is treated, and prevent a spouse from acquiring a marital interest in the company. As with everything in Maryland, full disclosure of the business and its value is essential to enforceability. This is especially important for founders, partners, and professional practice owners.
Yes. Maryland recognizes postnuptial agreements, which are analyzed under the same confidential relationship and overreaching framework as prenups, with full financial disclosure equally central. At Prenups.com, a Maryland postnuptial agreement is a flat fee of $4,500.
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