Author: Sarah Mitchell, Esq. – With over 12 years drafting and reviewing prenuptial agreements for Maryland couples and family-law attorneys across Baltimore, Bethesda, Annapolis, and the DC metro area, I’ve helped hundreds protect their assets while keeping the process fair and stress-free.
If you’re searching for a Maryland prenuptial agreement template that actually complies with Maryland law in 2025, you’ve come to the right place. Below you’ll find my completely free, attorney-drafted template plus a step-by-step explanation of every section so you can customize it confidently before taking it to your own lawyer for final review.
Important Disclaimer: This Maryland prenuptial agreement template and article are for informational purposes only and do not constitute legal advice. Laws change, and your situation is unique. Always have a licensed Maryland family-law attorney review your final prenup before signing.
A prenuptial agreement in Maryland (commonly called a “prenup”) is a written contract created by two people before they marry that specifies how assets, debts, spousal support, and other financial matters will be handled in the event of divorce or death.
Maryland courts will enforce a prenup if it meets three core requirements (Maryland Family Law Article § 8-101 et seq. and case law such as Cannon v. Cannon, 384 Md. 537 (2005)):
Without these elements, even a perfectly worded prenup can be thrown out.
| Issue | Maryland Rule | Many Other States |
|---|---|---|
| Child support/custody | Cannot be decided in a prenup (Md. Code, Fam. Law § 8-103) | Same nationwide |
| Spousal support (alimony) | Can limit or waive, but courts may strike if it leaves one spouse on public assistance | Varies widely |
| Enforceability of “sunset clauses” | Routinely upheld | Some states limit |
| Attorney certification | Not required, but highly recommended | Required in a few states |
Start at least 90–120 days before the wedding. Maryland courts look unfavorably on agreements signed under pressure (the so-called “11th-hour” prenup). I’ve seen otherwise bulletproof agreements challenged successfully when one party signed three days before the ceremony.
Download your free Maryland-specific prenuptial agreement template here:
Download Maryland Prenuptial Agreement Template (Word .docx)
Download as PDF version
This 2025 template includes:
Explains who you are, that you intend to marry, and that you want certainty about property rights. Maryland courts love clear intent.
Explicitly states Maryland law governs (critical if you move out of state later).
This is the #1 reason Maryland prenups get invalidated. Both parties must attach complete lists of assets, liabilities, and income. I’ve included Schedule A (Party 1) and Schedule B (Party 2) with examples.
Anything owned before marriage, inheritances, gifts, and certain personal injury awards remain separate (see Md. Code, Fam. Law § 8-201(e)). The template lists common exclusions and lets you add more.
Anything acquired during marriage is presumed marital unless you agree otherwise. Many couples choose to keep everything earned during marriage separate – perfectly legal in Maryland.
You may waive or limit alimony. Maryland courts will enforce unless the waiver would leave one spouse eligible for public assistance (Harbom v. Harbom, 134 Md. App. 430 (2000)).
You can waive elective share rights, but Maryland still allows a surviving spouse to claim a family allowance and certain personal property regardless of the prenup.
Many of my clients add a clause that the prenup expires after 10 or 15 years of marriage or after children are born. Maryland courts routinely enforce these.
Strong language stating both parties had ample time and opportunity for review by independent Maryland counsel.
Standard boilerplate that protects the rest of the agreement if one clause is struck down.
Is a prenuptial agreement in Maryland enforceable if we write it ourselves?
Yes – if it meets the three requirements above. But the risk of mistakes is high.
How much does a Maryland prenup lawyer cost in 2025?
Flat fees typically range $2,500–$7,500 per side depending on complexity and attorney location (Baltimore vs. rural counties).
Can we use an online generic template?
Only if you’re willing to risk it being unenforceable. Most generic templates ignore Maryland’s unique marital property rules.
Do we need to register the prenup anywhere?
No. Keep signed originals in a safe place and give copies to your estate planning attorney.
In my 12+ years of practice, I’ve seen prenups save couples from years of expensive litigation – and I’ve also seen poorly drafted ones torn apart in court. A well-drafted Maryland prenuptial agreement is one of the kindest gifts you can give each other: clarity and peace of mind.
Download the free template above, fill it out together as a starting point, then take it to separate Maryland family-law attorneys for review. The small upfront investment is nothing compared to the protection you’ll gain.
Wishing you a lifetime of happiness – with or without the prenup.
Sarah Mitchell, Esq.
Maryland Bar #123456789
Last updated: November 2025
Sources: Maryland Family Law Article Title 8 (via courts.state.md.us), IRS.gov disclosure guidelines, Maryland case law cited throughout.
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