Updated January 23, 2023
A Maryland prenuptial agreement is used by couples to establish ownership of assets and holdings in the event of a divorce or death. Before drafting an agreement, both parties will need to provide a disclosure of all their assets and liabilities. Potential spouses should be careful to make sure that the provisions of the agreement are in no way unconscionable, and that both parties are given due consideration. It is often encouraged for both spouses to obtain their own legal representation when reviewing the contract as this will assure the court that the agreement is fair and no one was coerced into signing.
Signing Requirements (Barbara Ann Stewart v. James Edward Stewart. No. 0249, Sept. Term, 2011) – Although there is no statutory requirement regarding signatures, both individuals will need to sign a written agreement for it to be valid. It is recommended that both signatures be witnessed by attesting notary publics to ensure that the document will be recognized in court, although not required.
Laws
- § 8-101 – Deeds, agreements, and settlements valid
- § 8-102 – Deed or agreement not bar to divorce
- § 8-103 – Modification of deed, agreement, or settlement
- § 11-101(c) – Award – In general