Frequently Asked Questions About Maryland Prenuptial/Postnuptial Agreements

The idea of a prenuptial or postnuptial agreement is off-putting for many Maryland couples. There is still a stigma associated with such agreements as planning for divorce” with respect to the marriage. But having a prenup (or postnup) is really about ensuring the financial security of both parties as well as other family members who may be affected by the marriage.

With that in mind, here are a few of the more common questions we get at Fanning Law regarding prenuptial and postnuptial agreements.

What Is the Difference Between a Prenuptial and Postnuptial Agreement?

A prenuptial agreement, also called an antenuptial agreement, is a contract executed by two people in anticipation of their marriage. A postnuptial agreement is a contract executed by two people who are already married. Both types of agreements generally cover the same subjects.

What Can My Partner and I Do with a Prenuptial or Postnuptial Agreement?

The primary purpose of these agreements is to spell out the partners’ financial rights and obligations both during the marriage and if and when the marriage ends. Keep in mind, these agreements often cover what happens when one partner dies, so it is not just about planning for the possibility of a divorce.

Some of the more common subjects covered in a prenup or postnup include:

• how to divide any property acquired by either partner before or during the marriage;
• if there is a divorce, whether one partner will have to pay alimony to the other, and if so, how much and for how long;
• whether to preserve inheritance rights for specific children, heirs, or family members, notwithstanding the partner’s right to inherit such property.

Can My Partner and I Use a Prenup to Decide Child Custody in the Event of a Divorce?

No. Child custody and child support are based on what a Maryland judge determines is in the “best interests of the child.” It is common for divorcing or unmarried parents to submit a joint agreement on custody issues to a court for approval. But you cannot, for instance, use a prenup to decide in advance custody or child support arrangements for any future children that you and your partner might have during your marriage.

Can I Use a Prenuptial Agreement to Enforce My Partner’s Promise to Marry No?

In most cases, no. Maryland law states that “[u]nless the individual is pregnant,” they cannot sue someone for “breach of promise to marry.”

Does a Prenuptial or Postnuptial Agreement Have to Follow Any Special Rules to Be Valid?

Unlike some states, Maryland has no specific statutes governing the form of prenuptial or postnuptial agreements. They are basically treated like any other contract. Maryland courts, however, have adopted certain guidelines when deciding whether a specific agreement is enforceable. For example, a prenuptial or postnuptial agreement should be in writing and signed by both parties. Each partner should also make a full disclosure of their assets and debts to the other.

It is also a good idea for both parties to work with their own La Plata prenuptial and postnuptial agreements lawyer who can provide independent legal advice. If you need assistance in this area, contact Fanning Law today at 301-934-3620 to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.