Prenuptial Agreements: Who Needs It and How Do I Make One?

Patrick Crawford | July 27, 2025

At Patrick Crawford Law, we’ve worked with many individuals across Annapolis who want peace of mind before they walk down the aisle. Whether you’re preparing for marriage or protecting long-term financial interests, a prenuptial agreement can be a powerful legal tool. It plays a critical role in securing the future, especially for those with businesses or significant assets.

In fact, when clients ask us how to find a good business lawyer, the question often overlaps with prenuptial planning, particularly where personal and business finances intersect. We help clients draft agreements that are enforceable and aligned with Maryland family law.

What Is a Prenup?

A prenuptial agreement (or “prenup”) is a contract between two people signed before marriage. It defines how property, debts, and income will be handled during the marriage and in case of divorce or death.

In Maryland, these agreements are enforceable when properly executed. A prenup typically includes:

• Property classification: what stays separate versus what becomes marital
• Debt allocation: who’s responsible for pre-marital and marital debts
• Alimony terms: whether one spouse will support the other
• Inheritance protection, especially for children from prior relationships

While often associated with high-net-worth couples, prenups are equally helpful for anyone with assets, children, or complex financial considerations.

Who Needs a Prenup?

Anyone seeking legal clarity around finances should consider a prenup. Situations where a prenup can be especially helpful include:

• One or both partners own property or a business
• Either party has children from a previous marriage
• One party has substantial debt
• A major income or inheritance is expected
• There’s a significant gap in earning potential

Beyond financial protection, prenuptial agreements promote transparency and help couples establish mutual expectations, an essential foundation for long-term stability. Clients sometimes also ask, “How long do you have to be married to get alimony?”—and in Maryland, the answer depends on multiple factors, not just the length of the marriage.

If You Don’t Make a Prenup

Maryland law will decide how your property is divided, and the result might not reflect your preferences. Without a prenup:

• Marital property is subject to equitable (not equal) distribution
• A judge determines the division of debts and assets
• Alimony may be awarded or denied at the court’s discretion
• Property acquired during the marriage could be shared, even if only one spouse earned it

According to Minnesota Statute 518.58, followed by many equitable distribution states like Maryland, asset division is based on fairness, not equal shares. This creates risk for individuals with personal investments or ownership stakes.

Making a Valid Prenup

Maryland courts enforce prenuptial agreements that meet specific legal requirements. To be valid, a prenup must:

• Be in writing
• Be signed voluntarily before the marriage
• Include full financial disclosure of each person’s assets and debts
• Be fair and reasonable at the time of signing
• Avoid grossly one-sided terms

Prenups cannot determine child custody or support, as the court always decides those matters based on the child’s best interest. Additionally, clauses encouraging divorce, such as financial incentives for separation, are unenforceable under public policy.

How to Draft Your Own Prenup

You can technically draft your own prenup, but legal guidance is highly recommended. Generic online templates rarely meet Maryland’s legal standards. 

A strong prenup must reflect both parties’ circumstances and follow state-specific rules. When preparing a prenup in Maryland, it’s essential to:

• Start early, allowing time for thoughtful negotiation
• Use clear language that accurately reflects the agreement
• Fully disclose all assets and debts
• Avoid terms that may appear unfair or one-sided
• Have separate attorneys to represent each party
• Sign well before the wedding, not under time pressure

According to Minnesota Statute 519.11, agreements must be voluntary, informed, and reasonable and have guidelines that closely reflect Maryland’s legal requirements.

When we help clients draft prenups, we focus on long-term protection and enforceability. Following Maryland law means safeguarding property rights, defining alimony expectations, and preserving family or business assets. 

For clients looking to protect their business interests, this process often overlaps with knowing how to find a good business lawyer—someone who understands both marital and commercial risk.

Ready to Talk About a Maryland Prenup?

A prenuptial agreement isn’t just about wealth; it’s about protecting peace of mind. At Patrick Crawford Law, we work with clients in Annapolis and throughout Maryland to create agreements that support their values and future.

Call 410-216-7905 to schedule a consultation. Whether you’re preparing for marriage or want to understand how to find a good business lawyer to help protect your financial life, we’re here to guide you with clarity and confidence.