A prenuptial agreement can shape important financial decisions before a couple marries. That does not mean it can dictate every part of married life. In Maryland, courts treat prenups as contracts, which gives couples significant flexibility in deciding how to handle property and financial matters. At the same time, certain issues remain subject to the law and the court’s authority.
If a Maryland couple is considering a prenup, understanding its scope can help set realistic expectations.
Here are three things to know about prenuptial agreements:
1. A prenup can address property and financial rights
A prenup can establish how spouses will handle property they bring into the marriage and property they acquire later. Maryland courts recognize that spouses can use these agreements to change property rights that would otherwise apply under Maryland law.
For example, an agreement may address whether certain assets remain separate, how spouses will handle particular debts or whether one spouse will waive certain financial rights if the marriage ends.
That can give couples an opportunity to make financial decisions before a divorce becomes a possibility.
2. A prenup cannot dictate issues involving children
Parents cannot use an agreement to permanently give up a child’s right to financial support. In 2025, the Supreme Court of Maryland reaffirmed that parents cannot waive child support because the right belongs to the child, not the parents.
Similarly, courts retain authority over issues involving a child’s care, custody and support. Maryland law allows courts to modify provisions concerning a minor child when doing so serves the child’s best interests.
A prenup therefore cannot simply settle future child-related issues without regard to the law.
3. The agreement itself must meet legal standards
A prenup does not become enforceable simply because both people signed it. Maryland courts examine factors surrounding its creation, including whether the parties entered into it voluntarily and with knowledge of its meaning and effect. Courts also consider whether the parties made full and truthful financial disclosures.
Independent legal advice can also play an important role when assessing whether a person entered into the agreement knowingly and voluntarily.
Know what a prenup can and cannot do
A prenup can provide a framework for handling significant financial issues, but it cannot override every legal requirement that may occur during a marriage or divorce. Because the language and circumstances surrounding an agreement can affect its enforceability, anyone considering a Maryland prenup should seek legal guidance before signing.