What to Include in Your Maryland Prenup

 Posted on January 30, 2025 in English

If you have recently become engaged and are preparing for your upcoming wedding, there are surely many things on your mind during this exciting time. From the dress and suit to the flowers and venue, much must be planned before the wedding.

You may also have decided to sign a prenuptial agreement with your future spouse detailing how the division of assets will play out in the worst-case scenario of divorce or death. In that case, you may be wondering how to begin drafting that agreement and what should go into the contract. An experienced Rockville, MD family law attorney can draft a prenuptial agreement that protects your interests, your marriage, and your financial future. 

What is a Prenuptial Agreement?

A prenuptial agreement, or "prenup" as it is sometimes called, is a written contract signed between two people who are getting married laying out the legally binding ways that the spouses agree to divide their assets in the future if they get divorced. Prenuptial agreements also may deal with other issues, such as clarifying how the spouses intend to handle finances during the marriage. A prenuptial agreement gives the future spouses a chance to make decisions about the division of their assets. 

In Maryland, a prenuptial agreement is treated as a contract, and the state is not party to the Uniform Premarital Agreement Act (UPAA) that sets out specific requirements for prenups. The parties can agree to divide their assets differently from what Maryland law provides, though the law can always serve as a guide in drafting the agreement. 

What Are Common Sections To Include In a Prenup?

Financial Disclosure

Including a financial disclosure in the agreement not only helps clarify things for purposes of the agreement, but it can also benefit the upcoming marriage. When the future spouses lay out their assets and debts in black and white for the other to see, it creates transparency and trust and also avoids potential surprises that could lead to conflict in the future. 

Property and Debt Division 

Once the future spouses have a clear financial picture of each other’s assets and debts, it is time to outline how they wish for their property to be distributed, both during marriage and if there is a divorce. The agreement should define what is separate property and what is joint property, for example, as well as how to handle income earned during marriage. Likewise, the agreement should set out how to handle both existing debt and future debt. The agreement can also outline how the future spouses wish to divide their property in the event one of them dies. 

Spousal Support

Another key provision to include sets out how the parties will provide for spousal support in the event of a divorce, including the amounts and time period that the spouses will pay it. Note that it is not legally possible to agree about child support payments in Maryland unless and until the parents separate. 

Mediation

A prenuptial agreement can also stipulate that the parties agree to mediate any future dispute in the event of a separation or divorce. 

Contact a Rockville, MD Prenuptial Agreement Lawyer

At Salvado Law Offices, we represent clients who wish to draft a prenuptial agreement to avoid potential disputes and stress in the event of a future worst-case scenario. Our experienced Green Valley, MD family law attorneys can draft a prenuptial agreement that protects your rights. Contact our offices by calling 301-933-1814 for a consultation today. Our attorneys are here to handle your case with care.