Validity

• In the past, postnuptial agreements were not always construed as valid, as married couples were not permitted to enter into contracts with each other. However, the law has changed and postnuptial agreements are now valid and enforceable in the state of Maryland. Maryland statutory law specifically permits married women to engage in business and contract with any person, including their husbands.
  
  

Contents

• Most postnuptial and prenuptial agreements cover the following topics of interest for married couples: distribution of property, assets and debts, child support and child custody, business succession, alimony or spousal support and property arrangements should one of the parties die. After creating a postnuptial or prenuptial agreement, it is important to review it periodically to make sure that it still reflects your intentions.
  
  

Considerations

• Although most newlyweds do not want to think about the worst case scenario that their marriage might dissolve, many marriages end abruptly and having a well-thought-out agreement can help ease the tension. This can be achieved by either a postnuptial or a prenuptial agreement; in Maryland, it does not matter when you enter the agreement regarding when you were married.
  
  

How to Draft

• When drafting a postnuptial agreement in Maryland, you should contact an experienced family lawyer. Although forms are available to help married couples create a postnuptial agreement on their own, a Maryland lawyer can help you take specific state laws into consideration and create a postnuptial agreement well-tailored to your specific circumstance.