Prenuptial and Postnuptial Agreements in Maryland
Prenuptial and postnuptial agreements are becoming increasingly common in Maryland family law. These agreements allow couples to define financial rights and responsibilities in advance, rather than leaving those decisions to state law in the event of divorce or death.
Attorney Neveen Kurtom represents clients throughout Maryland in drafting, reviewing, and negotiating prenuptial and postnuptial agreements designed to protect assets, clarify financial expectations, and reduce future litigation risk. While these agreements can be powerful tools, they must be carefully prepared to ensure they are enforceable under Maryland law.
What Is a Prenuptial Agreement in Maryland?
A prenuptial agreement (commonly called a “prenup”) is a written contract entered into before marriage that determines how assets, debts, and financial obligations will be handled if the marriage ends.
In Maryland, prenups commonly address:
Division of marital and separate property
Protection of premarital assets or inheritances
Treatment of retirement accounts
Business ownership interests
Alimony (spousal support) rights
Allocation of debt
A properly drafted agreement can provide clarity and reduce conflict in the event of divorce.
What Is a Postnuptial Agreement?
A postnuptial agreement is similar to a prenup but is signed after the parties are already married.
Postnuptial agreements are often used when:
Financial circumstances change during the marriage
One spouse starts or sells a business
There is a significant inheritance or windfall
The parties want to clarify financial expectations after marital difficulties
The couple is attempting to stabilize a strained relationship
Maryland courts evaluate postnuptial agreements using similar legal principles as prenups, but they often receive closer scrutiny because the parties are already in a fiduciary marital relationship at the time of signing.
Are Prenuptial and Postnuptial Agreements Enforceable in Maryland?
Yes, but only if they meet strict legal requirements.
Maryland courts generally enforce marital agreements when they are:
Entered into voluntarily
Supported by full and fair financial disclosure
Free from fraud, duress, or coercion
Not the result of “overreaching” by one party
Fundamentally fair under contract principles
The most important issue is whether each party fully understood what rights they were giving up at the time the agreement was signed. Attorney Neveen Kurtom regularly advises clients on enforceability issues before agreements are executed to avoid future challenges in divorce court.
Key Requirements for a Valid Maryland Prenup or Postnup
For a marital agreement to be enforceable in Maryland, it generally must include:
1. A Written Agreement Signed by Both Parties
Oral agreements are not enforceable.
2. Full Financial Disclosure
Each party should disclose income, assets, debts, and financial obligations. Failure to disclose can lead to invalidation.
3. Voluntary Execution
The agreement must be signed freely, without pressure, coercion, or last-minute “sign or else” circumstances.
4. Opportunity for Independent Legal Counsel
While not strictly required, separate attorneys for each party strongly supports enforceability.
5. Fairness at the Time of Execution
Courts may refuse to enforce agreements that are extremely one-sided or unconscionable when signed.
What Can Be Included in a Prenuptial or Postnuptial Agreement?
Maryland marital agreements may address a wide range of financial issues, including:
Property Division
Real estate
Bank accounts
Investments
Retirement accounts
Business interests
Spousal Support (Alimony)
Waiver of alimony
Limits on amount or duration
Pre-determined support structures
Debt Allocation
Responsibility for premarital debt
Division of marital debt
Estate Planning Rights
Waivers of elective share
Protection of children from prior relationships
What Cannot Be Included in a Prenup or Postnup?
Certain issues cannot be predetermined in a marital agreement under Maryland law, including:
Child custody arrangements
Child support obligations (final court authority always controls)
Any provisions that violate public policy
Courts always retain the authority to determine custody and child support based on the best interests of the child at the time of separation or divorce.
Why Couples Choose Prenuptial Agreements
Prenuptial agreements are not just for high-net-worth individuals. They are commonly used when:
One spouse owns a business
There is a significant income or asset disparity
One or both parties have children from prior relationships
There are substantial student loans or debt concerns
A family inheritance needs to be protected
One spouse plans to pause a career for childcare
These agreements often provide clarity and reduce conflict by setting expectations early.
Why Postnuptial Agreements Are Becoming More Common
Postnuptial agreements are increasingly used by couples who:
Experience financial changes after marriage
Want to reduce conflict without filing for divorce
Are attempting reconciliation after marital issues
Want to clearly define financial boundaries moving forward
However, because postnuptial agreements are executed during marriage, courts often scrutinize them more carefully to ensure fairness and voluntariness.
Common Mistakes That Can Invalidate an Agreement
Many marital agreements fail not because of the concept itself, but because of how they are executed.
Common mistakes include:
Failing to disclose all assets or debts
Signing under pressure close to the wedding date
Using generic online templates
Not allowing sufficient time for review
One party not having independent legal advice
Including overly one-sided provisions
Attorney Neveen Kurtom advises clients early in the process to ensure the agreement is structured in a way that will withstand future court scrutiny.
Can a Prenup or Postnup Be Changed?
Yes. Marital agreements can be modified or revoked at any time if both parties agree in writing. Changes should always be documented formally to avoid confusion or disputes later.
When Should You Start the Process?
Ideally, prenuptial agreements should be discussed and finalized well before the wedding date. Last-minute agreements are more vulnerable to legal challenge. Postnuptial agreements should be addressed as soon as financial or marital issues arise rather than waiting until conflict escalates.
Why Clients Work With Neveen Kurtom
Prenuptial and postnuptial agreements require careful drafting, negotiation, and legal analysis. Small mistakes can have major consequences years later in divorce litigation.
Attorney Neveen Kurtom assists clients by:
Drafting enforceable agreements tailored to Maryland law
Reviewing agreements prepared by opposing counsel
Negotiating fair financial terms
Identifying enforceability risks before signing
Ensuring full compliance with disclosure requirements
The goal is not just to create an agreement—but to create one that will hold up in court if ever challenged.
Schedule a Consultation
If you are considering a prenuptial or postnuptial agreement in Maryland, or have been asked to sign one, it is important to understand your rights before you sign. Contact the Law Office of Neveen Kurtom at (301) 356-4423 to review your options and ensure your financial interests are properly protected.