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Prenuptial Agreement Laws in Maryland

Maryland has not adopted a uniform premarital agreement act; under court decisions the parties are in a confidential relationship and an agreement can be set aside where there was neither fair disclosure nor knowledge of the other party's assets.

Last checked . General information, not legal advice.

Maryland at a glance

Uniform act
No uniform act: case law governs
In Cannon v. Cannon (2005) Maryland's highest court declined to adopt the UPAA and left that choice to the General Assembly.
Financial disclosure required
Weighed in overreaching test
Courts look at whether there was full and fair disclosure or whether the party already knew the other's worth, as part of an overreaching test.

Sources

Last checked

The rules in Maryland

Has Maryland adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in Maryland: No uniform act: case law governs. In Cannon v. Cannon (2005) Maryland's highest court declined to adopt the UPAA and left that choice to the General Assembly.

Does a prenuptial agreement in Maryland require financial disclosure to be enforceable?

Weighed in overreaching test. Financial disclosure required in Maryland: weighed in overreaching test. Courts look at whether there was full and fair disclosure or whether the party already knew the other's worth, as part of an overreaching test.

Where do the Maryland prenuptial agreement laws come from?

The rules above come from Cannon v. Cannon, 384 Md. 537 (2005). Each source is linked on this page. We last checked them in October 2026.

Good to know

Maryland treats the parties to a prenup as being in a confidential relationship as a matter of law.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.