Maryland Prenuptial Agreement
Comprehensive Attorney Drafting Template
[// GUIDANCE: This template is designed for use by licensed attorneys. It must be reviewed, customized, and finalized in light of the parties’ specific circumstances, the most current Maryland law, and professional ethics obligations.]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS
3.1 Contemplation of Marriage
3.2 Financial Disclosure & Schedules
3.3 Classification of Property
3.4 Management, Control & Transfer of Property
3.5 Spousal Support & Alimony
3.6 Rights on Death
3.7 Debts & Liabilities
3.8 Tax Matters
3.9 Term & Termination - REPRESENTATIONS & WARRANTIES
- COVENANTS & RESTRICTIONS
- DEFAULT & REMEDIES
- RISK ALLOCATION
7.1 Indemnification (Mutual)
7.2 Limitation of Liability (Agreed Terms)
7.3 Force Majeure - DISPUTE RESOLUTION
- GENERAL PROVISIONS
- EXECUTION BLOCK
- SCHEDULES & ATTACHMENTS
1. DOCUMENT HEADER
PREMARITAL AGREEMENT (the “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).
Recitals
A. The Parties contemplate legal marriage to each other on or about [ANTICIPATED WEDDING DATE] in the State of Maryland.
B. Each Party desires to establish and confirm their respective rights and obligations in property, support, and other matters, both during the marriage and upon its termination by any means.
C. Each Party has made, or will concurrently make, a full, fair, and reasonable disclosure of financial circumstances as required under Maryland law and as set forth on Schedules A and B attached hereto.
D. This Agreement is made in consideration of the upcoming marriage and the mutual covenants herein.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises contained herein, and intending to be legally bound, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below. Terms defined in the singular shall include the plural, and vice versa. Cross-references are to sections of this Agreement unless otherwise noted.
“Affiliate” means, with respect to a Party, any entity or individual that controls, is controlled by, or is under common control with such Party.
“Agreement” has the meaning set forth in the Document Header.
“Elective Share” means the statutory share of a surviving spouse in a decedent’s estate under Md. Code Ann., Est. & Trusts §§ 3-102—3-203, as amended.
“Excluded Property” has the meaning set forth in Section 3.3(a).
“Fair Market Value” means the value obtainable in an arm’s-length transaction between a willing buyer and a willing seller, each under no compulsion to act and each having reasonable knowledge of relevant facts.
“Marital Property” has the meaning set forth in Section 3.3(b).
“Premarital Debt” means any obligation incurred by a Party prior to the Effective Date, including any future interest, penalties, or costs associated therewith.
“Separate Property” means, collectively, Excluded Property and all other property treated as separate under this Agreement.
“Triggering Event” means (i) termination of the Parties’ marriage by dissolution, annulment, or death, or (ii) entry of final decree of limited or absolute divorce.
[// GUIDANCE: Add, delete, or refine definitions to track custom provisions or complex asset classes (e.g., carried interests, crypto assets).]
3. OPERATIVE PROVISIONS
3.1 Contemplation of Marriage
This Agreement shall become effective only upon the solemnization of the Parties’ marriage. If the marriage does not occur on or before [DATE/LONG-STOP], this Agreement shall be null and void ab initio.
3.2 Financial Disclosure & Schedules
(a) Each Party acknowledges receipt of the other’s completed disclosure schedule (Schedule A for Party A; Schedule B for Party B) detailing assets, liabilities, income sources, and tax returns for the three most recent taxable years.
(b) Each Party represents that such disclosures are complete, accurate, and made in good faith.
[// GUIDANCE: Maryland courts scrutinize disclosure rigorously. Attach updated balance sheets and supporting documentation.]
3.3 Classification of Property
(a) Excluded Property. The following shall at all times remain the sole and separate property of the owning Party:
(i) all assets listed on Schedule C as Excluded Property;
(ii) any property acquired in exchange for Excluded Property;
(iii) passive appreciation, income, or proceeds derived therefrom; and
(iv) gifts or inheritances received individually after the marriage that are maintained separately.
(b) Marital Property. All property acquired jointly by the Parties or titled in both names after the Effective Date, excluding Excluded Property, shall be “Marital Property” subject to allocation as provided herein.
(c) Commingling. Intentional commingling shall not convert Excluded Property to Marital Property unless the owning Party executes a written instrument expressly re-classifying the property.
3.4 Management, Control & Transfer of Property
(a) Each Party shall retain sole management and control over his or her Separate Property.
(b) Marital Property shall be managed by mutual consent. Either Party may request partition or sale of jointly held assets upon a Triggering Event.
(c) Transfers between Parties shall be deemed gifts unless accompanied by contemporaneous written agreement to the contrary.
3.5 Spousal Support & Alimony
(a) Waiver. Except as provided in subsection (b), each Party knowingly waives any right to receive interim, rehabilitative, or permanent alimony from the other.
(b) Safety Valve. If enforcement of the waiver would render a Party eligible for public assistance or otherwise be unconscionable at the time of enforcement, the Parties agree the court may award rehabilitative support limited to the amount necessary to avoid such outcome.
[// GUIDANCE: Maryland courts may invalidate an alimony waiver deemed unconscionable at enforcement. The above “safety valve” enhances enforceability.]
3.6 Rights on Death
(a) Elective Share Waiver. Each Party irrevocably waives, to the fullest extent allowed by law, all rights in the estate of the other, including the Elective Share, intestate share, exempt property, family allowance, and any statutory allowance.
(b) Estate Planning. Each Party shall execute such additional instruments (e.g., wills, trusts, beneficiary designations) as may be reasonably necessary to give full effect to this Agreement.
3.7 Debts & Liabilities
(a) Separate Debts. Each Party shall remain solely responsible for his or her Premarital Debts and any debt incurred individually after marriage.
(b) Joint Debts. The Parties shall be jointly and severally liable for obligations expressly undertaken in both names.
(c) Indemnity. See Section 7.1 for indemnification obligations.
3.8 Tax Matters
(a) Filing Status. The Parties may elect to file joint federal or state income tax returns when advantageous. Absent mutual agreement, each Party shall file separately.
(b) Tax Liabilities. Any tax deficiency arising from a joint return shall be borne in proportion to each Party’s respective taxable income for the applicable period.
3.9 Term & Termination
(a) Term. This Agreement shall remain in effect for the duration of the marriage, unless superseded or terminated in accordance with this Section.
(b) Termination. This Agreement may be terminated or amended only by a written instrument signed by both Parties and acknowledged with the same formality as this Agreement.
(c) Sunset Clause. [OPTIONAL – INSERT TERM or delete if not desired.]
4. REPRESENTATIONS & WARRANTIES
Each Party represents, warrants, and covenants to the other as of the Effective Date:
- Voluntary Execution. This Agreement is executed freely, voluntarily, and without duress or undue influence.
- Independent Counsel. Each Party has had the opportunity to consult, and is either represented by, or has knowingly waived the right to be represented by, independent counsel of his or her choice.
- Full Disclosure. The financial disclosures attached hereto are complete and materially accurate.
- Capacity. Each Party is of legal age and sound mind and has full legal capacity to enter into this Agreement.
- No Conflict. Execution and performance of this Agreement do not violate any other agreement or court order binding upon the Party.
The foregoing representations and warranties shall survive the marriage and any Triggering Event.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Each Party shall execute and deliver all instruments reasonably necessary to carry out the intent of this Agreement.
5.2 Confidentiality. Except as required by law, neither Party shall disclose the terms of this Agreement or the attached Schedules to any third party other than professional advisors bound by confidentiality.
5.3 Record-Keeping. Each Party shall maintain complete and separate books and records sufficient to distinguish Separate Property from Marital Property.
5.4 Notice of Material Change. A Party shall notify the other in writing within thirty (30) days after incurring any single debt or obligation exceeding $[THRESHOLD].
6. DEFAULT & REMEDIES
6.1 Events of Default. A Party shall be in default if he or she:
(a) Knowingly makes a material misrepresentation or omits a material fact in required disclosures;
(b) Fails to perform any obligation under Section 5; or
(c) Commences an action challenging the validity or enforceability of this Agreement without reasonable basis in fact or law.
6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the alleged default. The defaulting Party shall have thirty (30) days to cure, if curable.
6.3 Remedies. Upon uncured default, the non-defaulting Party may seek:
(a) Specific performance;
(b) Injunctive relief to prevent transfer or dissipation of assets;
(c) Reformation or equitable relief; and
(d) Recovery of reasonable attorneys’ fees and costs.
[// GUIDANCE: Graduated remedies satisfy Maryland fairness concerns and improve enforceability.]
7. RISK ALLOCATION
7.1 Indemnification (Mutual)
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates from and against any and all losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) the Indemnifying Party’s Separate Property or Premarital Debt; and
(b) any breach of this Agreement by the Indemnifying Party.
7.2 Limitation of Liability (Agreed Terms)
Except for willful misconduct, fraud, or obligations under Section 7.1, the aggregate liability of either Party arising out of this Agreement shall not exceed $[CAP AMOUNT] in the aggregate.
7.3 Force Majeure
Neither Party shall be liable for failure to perform non-monetary obligations when such failure results from causes beyond the Party’s reasonable control, including acts of God, war, or governmental action; provided, however, that this Section shall not excuse a Party’s financial disclosure obligations or duty of good faith.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and any dispute hereunder shall be governed by and construed in accordance with the domestic relations and contract laws of the State of Maryland, without giving effect to its conflict-of-law principles.
8.2 Forum Selection. Subject to Section 8.3, the Parties irrevocably submit to the exclusive jurisdiction of the Circuit Courts of the State of Maryland, sitting in family law division, for any proceeding arising out of or related to this Agreement.
8.3 Limited Arbitration. Upon mutual written consent after a dispute arises, the Parties may submit discrete valuation or accounting issues to binding arbitration administered by [ARBITRATION SERVICE] under its family law rules then in effect.
[// GUIDANCE: Maryland law permits arbitration of property issues but not child support. Retain court jurisdiction for non-arbitrable matters.]
8.4 Jury Waiver. The Parties acknowledge that Maryland family courts sit without juries; therefore, jury trial waiver is not required.
8.5 Injunctive Relief. Nothing in this Agreement shall preclude either Party from seeking temporary, preliminary, or permanent injunctive relief to preserve assets or enforce confidentiality.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment, modification, or waiver of any provision shall be effective unless in writing and signed by both Parties.
9.2 Assignment; Delegation. The rights and obligations under this Agreement are personal and may not be assigned or delegated by either Party without the prior written consent of the other, except by operation of law upon death.
9.3 Successors & Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors, and permitted assigns.
9.4 Severability & Reformation. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force. The court is authorized to reform any invalid provision to the minimum extent necessary to render it enforceable and consistent with the Parties’ intent.
9.5 Integration. This Agreement (including the Schedules) constitutes the entire agreement between the Parties concerning the subject matter and supersedes all prior understandings.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means shall be deemed original for all purposes.
9.7 Headings. Headings are for convenience only and shall not affect interpretation.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| _______ | _______ |
| [PARTY A NAME], Party A | [PARTY B NAME], Party B |
| Date: _______ | Date: _______ |
Notary Acknowledgment – State of Maryland
(State-specific short-form acknowledgment follows. Replace or supplement with county-specific form if required.)
STATE OF MARYLAND
COUNTY OF ______On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ____, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Maryland does not generally require witnesses, but obtaining two disinterested witnesses enhances evidentiary reliability.]
11. SCHEDULES & ATTACHMENTS
• Schedule A – Party A Financial Disclosure
• Schedule B – Party B Financial Disclosure
• Schedule C – Excluded Property List
• Schedule D – Premarital Debts
[// GUIDANCE: Attach detailed asset, liability, and income statements with source documents (e.g., brokerage statements, appraisals). Update immediately before execution to reflect any material changes.]
End of Template