Are prenuptial agreements enforceable in Maryland?

Maryland applies a fairness-focused common-law standard that recognizes the confidential pre-marital relationship.

1. Governing Statute / Common Law

Md. Code Ann., Family Law § 8-101 recognizes that spouses may enter into deeds or agreements concerning property. The leading case is Cannon v. Cannon, 384 Md. 537 (2005), supplementing Hartz v. Hartz, 248 Md. 47 (1967).

2. Formality Requirements

The agreement must be in writing and signed by both parties. Md. Code Real Prop. § 4-101 generally requires writing for transfers of real property interests. Notarization is best practice.

3. Voluntariness

Cannon requires the agreement be the result of a fair and equitable procurement — voluntary, knowing, free of duress and undue influence, recognizing the parties' confidential relationship prior to marriage.

4. Disclosure

Cannon/Hartz require frank, full, and truthful disclosure of assets, liabilities, and income, OR proof that the challenging spouse had independent knowledge of the proponent's financial condition. The burden shifts to the proponent to prove disclosure or knowledge when the agreement is challenged.

5. Unconscionability / Fairness

The agreement is enforceable if either (a) procured fairly with full disclosure, OR (b) substantively fair on its face such that the relative value to each party is roughly equivalent. Cannon abandoned the older test that required BOTH conditions; substantive fairness alone can save an agreement, as can procedural fairness alone.

6. What Cannot Be Waived

Child support and custody cannot be predetermined. Alimony and property waivers are enforceable under the Cannon framework.

7. Key Maryland Case Law

Hartz v. Hartz (1967); Cannon v. Cannon (2005); Stewart v. Stewart, 214 Md. 458 (1957).

This is legal information, not legal advice.