Prenuptial Agreements in Maryland

In order for a prenuptial agreement to be held as valid there are several requirements that must be fulfilled.

• These requirements are that the agreement:
• Is in writing
• That the parties have made full disclosure as to their holdings (either by the parties knowledge through being the one to handle the finances or through disclosure of the assets)
•  The intention of the contract be that it is a full discharge of rights of inheritance and waiver of marital rights upon divorce
• That there has been fair and reasonable consideration
• That each spouse has had the advice of an attorney (or was given the opportunity but chose not to seek the advice of counsel)

To prove that a prenuptial agreement is valid in Maryland the court stated in Cannon v. Cannon, 865 A.2d 563 (2005), that the party seeking to enforce the prenuptial agreement must prove that there was no overreaching by the party. To prove this the party must show that that the agreement was not unfairly disproportionate at the time that it was entered into, or that if there was a substantial waiver of rights that the agreement was procured fairly and entered into voluntarily, freely, and with full knowledge of the meaning and effect of the agreement.