Maryland Postnuptial Agreement

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Updated August 07, 2022

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Maryland postnuptial agreement is a legal document establishing contractual rights to property between the spouses in a marriage. Postnuptial agreements are sometimes called post-marital agreements, and as the name indicates, they are entered into after a couple is already married. This contrasts with prenuptial agreements, or “prenups,” legal documents that are signed before marriage and go into effect once a marriage is official. However, both types of agreements can be a valuable estate planning tool and protect against the divorce process’s uncertainty.

Signing Requirements (Nouri v. Dadgar (2020)) – Both parties must sign the document and fully disclose their worth and assets before doing so.

Laws

Permitted Content: A husband and wife may make a valid and enforceable deed or agreement related to alimony, support, property rights, or personal rights. Md. Code Ann., Fam. Law § 8-101(a).

Burden of Proof: A spouse attempting to attack an otherwise valid separation agreement under Family Law Article § 8–101 typically has the burden of proving it should not be enforced. However, suppose the spouse can prove that a confidential relationship existed between the parties when they formed the relationship. In that case, the spouse trying to enforce the agreement has the burden of proving that it should be enforced. (Cannon v. Cannon (2005)).