free prenuptial agreement template

Maryland: C+

Maryland does not have statutes supporting prenuptial agreements, but relies on case law, or legal precedents, that are fairly supportive. It is far better to get married with a prenup than without.

Key Documents

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Maryland Prenuptial Agreement Word | PDF

Exhibit A: Party A Asset Disclosure Schedule (wife) Word

Exhibit B: Party B Asset Disclosure Schedule (husband) Word

Asset Update and Reaffirmation Word | PDF

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Statutes

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Maryland Statute is Lacking

Maryland does not have specific laws that uphold the enforceability of prenuptial agreements.  Instead, it relies on legal precedents.

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Case Law

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Unnamed 2021 Duress Case, Maryland Court of Special Appeals (2021) 

Prenuptial agreement signed six days before wedding was invalidated due to duress where husband insisted wife sign before final dress fitting, agreement was in English (wife didn't speak English), no translation provided, and terms never adequately explained to wife.

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Stewart v. Stewart, 214 Md. App. 458 (2013) 

Prenuptial agreement signed four days before wedding was upheld where husband had $2 million in assets, wife had none, wife retained rights to alimony and monetary award, and court found no "overreaching" despite wife signing without attorney because she signed "freely and understandingly" and knew assets were substantial.

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‍Knizhnik v. Knizhnik, Case No. 1732, Sept. Term 2022 (Md. App. Apr. 11, 2024) 

Maryland Court of Appeals explicitly rejected the "second look" approach to prenuptial agreements, holding that unconscionability is reviewed only at time of execution, never at time of enforcement.

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Martin v. Farber, 68 Md. App. 137 (1986) 

Court held that an "otherwise valid" prenuptial agreement cannot be set aside on grounds of unconscionability alone, establishing leading Maryland authority that valid prenups cannot be invalidated solely for being unconscionable.

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