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Free Maryland Prenuptial Agreement Template

A Maryland prenup records how alimony, property, and inheritance rights will work before marriage. Create yours with our online form and download a customizable template.

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What Is a Prenuptial Agreement in Maryland?

A Maryland prenuptial agreement is a contract future spouses sign to settle property, alimony, and estate terms before they marry. Maryland’s Family Law Article and Estates and Trusts Article both shape what it can do.

Maryland Requirements for a Prenuptial Agreement

Two parts of the Maryland Code matter most.

Agreements on Support and Property

Family Law § 8-101(a) covers agreements between a husband and wife. It says they may make a valid and enforceable deed or agreement about alimony, support, property rights, or personal rights.

Waiving the Elective Share

Under Estates and Trusts § 3-406(a), a spouse may waive the right of election before or after marriage. The waiver must be a written contract, agreement, or waiver signed by the person giving up the right.

What an All-Rights Waiver Reaches

Section 3-406(b) sets a default reading. Unless it says otherwise, an all-rights waiver gives up family allowance and the elective share. It also gives up the right to letters under § 5-104.

Beyond that, it irrevocably renounces benefits passing by intestate succession or elective share. The same goes for benefits under a will or revocable trust the other spouse signed before the waiver.

What Does Waiving the Elective Share Give Up in Maryland?

It gives up a set fraction of the estate. Under Estates and Trusts § 3-403, a surviving spouse may elect one-third of the estate subject to election when the decedent left surviving descendants. Otherwise, the share is one-half.

In both cases, the law then reduces the share by the value of all spousal benefits. Even so, a waiver in your Maryland prenuptial agreement can remove a substantial claim.

Also, the all-rights language now reaches revocable trusts. So review your trust documents alongside the agreement, and make sure both point the same way.

Finally, § 3-406(a) requires the signature of the partner giving up the right. If you both intend to waive, each of you should sign.

Tip

Decide whether you want a full all-rights waiver or a narrower one. Maryland reads an all-rights waiver broadly unless the agreement says otherwise. Spell out any rights you want to keep.

How to Sign a Maryland Prenuptial Agreement

  1. List assets, including trust property. Note anything held in a revocable trust.
  2. Walk through each other’s finances. Each partner should understand what they may be waiving.
  3. Decide on alimony and property terms. Put each choice in plain words.
  4. Write out any elective share waiver. The waiving partner signs it.
  5. Keep it with your estate plan. Your personal representative will need to find it.

What to Include in a Maryland Prenuptial Agreement

A Maryland prenuptial agreement commonly covers:

  • Separate and marital property
  • Alimony and support terms
  • A clear elective share waiver, or a statement that you keep those rights
  • Whether the waiver extends to family allowance and letters
  • Coordination with wills and revocable trusts
  • A dated signature from each partner, especially anyone waiving rights