marital agreements lawyer Maryland, MD

In Maryland, marital agreements—including prenuptial, postnuptial, and marital settlement agreements—shape how property is divided, spousal support is determined, and other financial matters are resolved if a marriage ends. These agreements are governed by the Maryland Family Law Article and are routinely enforced in Maryland Circuit Courts when they are entered into voluntarily, with full financial disclosure, and without unconscionability. Law Offices Of SRIS, P.C. Concentrates its family law practice on helping clients in Montgomery County, Prince George’s County, Howard County, and throughout Maryland negotiate, draft, and enforce marital agreements that protect their interests and withstand judicial scrutiny. Mr. Sris and the firm’s Of Counsel attorneys bring experience in Maryland equitable distribution law and the statutory factors that affect the validity of these contracts. To discuss a marital agreement or related family law matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Marital Agreements Mean in Maryland

Maryland uses the term “marital agreement” broadly to cover contracts between spouses or prospective spouses that define property rights, spousal support, and other financial obligations. The three most common types in Maryland are prenuptial agreements (entered into before marriage), postnuptial agreements (entered into during marriage), and marital settlement agreements (entered into in connection with a divorce). Each type of agreement serves a different purpose, but all are subject to the same fundamental enforceability standards under Maryland law. A marital agreement can define what is marital property versus separate property, waive or limit alimony, and allocate debts—matters that would otherwise be decided by a judge applying Maryland’s equitable distribution framework.

Because Maryland is an equitable distribution state rather than a community property state, a marital agreement gives spouses the power to contract around the default statutory scheme. Without a valid agreement, a Circuit Court judge will divide marital property based on factors set out in Md. Code, Family Law Art. § 8‑205, including the duration of the marriage, the contributions of each spouse, and the economic circumstances of each party at the time of the divorce. A well-drafted marital agreement allows spouses to achieve certainty and avoid litigation over these issues. However, a marital agreement that is signed under duress, lacks full financial disclosure, or is unconscionable when executed may be set aside by a Maryland court.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Marital Agreement Cases

When a client comes to Law Offices Of SRIS, P.C. for help with a marital agreement, the first step is a thorough discussion of the client’s goals—whether the agreement is being negotiated before marriage, during the marriage, or as part of a separation. Mr. Sris and the firm’s Of Counsel attorneys review the parties’ assets and debts, analyze the applicable Maryland statutory factors, and craft terms that are designed to hold up in court. The drafting process involves careful attention to the formal requirements Maryland courts have recognized, including the need for both parties to have the opportunity to consult independent counsel and to make full and fair disclosure of their financial circumstances.

When a dispute arises over an existing agreement—such as one spouse seeking to invalidate a prenuptial agreement during a divorce—the firm’s family law practice shifts to enforcement or defense of the agreement. Mr. Sris and the firm’s Of Counsel attorneys have experience litigating the enforceability of marital agreements in Maryland Circuit Courts, including presenting evidence on the voluntariness of the agreement and the adequacy of financial disclosure. The firm’s approach in these matters is to evaluate the specific facts of the case against the standards Maryland courts apply, and to develop a strategy that protects the client’s interests under the agreement.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Mr. Sris, Owner and Founder, is admitted to practice in Maryland, Virginia, the District of Columbia, New Jersey, and New York. He concentrates his practice on family law matters, including marital agreements, divorce, and equitable distribution, and has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring extensive combined legal experience between Mr. Sris and his Of Counsel. Results may vary.

The firm’s Of Counsel attorneys are experienced in family law litigation and negotiation, and they work closely with Mr. Sris on marital agreement cases throughout Maryland. Law Offices Of SRIS, P.C. Appears regularly in Maryland Circuit Courts, including the Circuit Court for Montgomery County, the Circuit Court for Prince George’s County, and the Circuit Court for Howard County. The firm’s Maryland location is in Rockville, and Mr. Sris and the firm’s Of Counsel attorneys serve clients in communities such as Bethesda, Silver Spring, Gaithersburg, Upper Marlboro, Columbia, and Ellicott City.

Frequently Asked Questions

Are prenuptial agreements enforceable in Maryland?

Prenuptial agreements are enforceable in Maryland if they are entered into voluntarily, with full financial disclosure, and are not unconscionable. Maryland courts apply the standards set out in the Maryland Family Law Article and in case law interpreting the state’s equitable distribution framework. A prenuptial agreement must be in writing and signed by both parties. If one spouse challenges the agreement, the court will examine the circumstances surrounding its execution, including whether each party had the opportunity to consult independent counsel and whether there was any fraud, duress, or overreaching. For guidance on a specific agreement, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What is the difference between a marital settlement agreement and a separation agreement in Maryland?

In Maryland, a marital settlement agreement (also called a separation agreement or property settlement agreement) is a contract that resolves issues like property division, alimony, and custody when spouses separate or divorce. These agreements are governed by contract law principles and must be entered into voluntarily and with full disclosure. Once signed by both parties, a marital settlement agreement can be incorporated into a divorce decree. Unlike prenuptial or postnuptial agreements, which are typically negotiated before or during marriage without an immediate separation, a marital settlement agreement is tied to an existing or impending separation. To discuss the terms of a proposed agreement, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can a postnuptial agreement address alimony in Maryland?

A postnuptial agreement in Maryland can address alimony, including waiving or limiting spousal support, provided the agreement is fair and reasonable and the parties made full financial disclosure. Maryland courts scrutinize postnuptial agreements more closely than prenuptial agreements because the spouses are already in a confidential relationship. The court will consider whether the agreement was the product of coercion or overreaching and whether its terms are conscionable. If the agreement is found to be valid, it will control the award of alimony and the division of property upon divorce. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Do I need a lawyer to draft a marital agreement in Maryland?

You are not legally required to have a lawyer to draft a marital agreement in Maryland, but having experienced legal counsel helps ensure the agreement is enforceable and protects your financial interests. A marital agreement that is poorly drafted or signed without proper disclosure can be challenged in court, potentially leaving you with outcomes you did not intend. An attorney can help you evaluate the agreement’s terms under Maryland’s equitable distribution laws and advise you on whether the agreement is fair and reasonable under the circumstances. Law Offices Of SRIS, P.C. handles marital agreement matters throughout Maryland and can discuss your situation at (888) 437-7747.

How does a court decide if a marital agreement is unconscionable in Maryland?

A Maryland court determines unconscionability by examining whether the agreement was so unfair at the time it was made that no reasonable person would have agreed to it, and whether the parties had a meaningful choice. The court looks at factors like the parties’ sophistication, the presence of independent legal advice, the completeness of financial disclosure, and the substantive fairness of the terms. Even if a marital agreement is one-sided, it will not automatically be set aside unless the bargaining process was also flawed. Law Offices Of SRIS, P.C. Guides clients through these enforceability issues in Montgomery County, Prince George’s County, Howard County, and across Maryland.

What should I bring to a consultation about a marital agreement?

Bring a list of your assets and debts, recent pay stubs, tax returns, any existing estate-planning documents, and a list of your goals for the agreement. If you have already started negotiations with your spouse, bring any proposals or draft agreements. If you are preparing for a divorce, bring any separation-related documents. Having financial documents organized helps your attorney evaluate what is at stake and advise you on the enforceability of the proposed terms under Maryland law. To schedule a consultation with Law Offices Of SRIS, P.C., call (888) 437-7747.

Last reviewed: July 2026

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