postnup lawyer Maryland, MD
A postnuptial agreement – often called a postnup – is a written contract between spouses who are already married. It sets out how property, assets, debts, and financial support will be handled if the marriage ends or one spouse dies. In Maryland, postnuptial agreements are recognized under general contract law and the state’s family law framework, which governs equitable distribution of marital property. When a marriage faces uncertainty or when one spouse receives a significant inheritance, business interest, or change in financial circumstances, a postnuptial agreement can provide clarity and protection. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys assist clients across Maryland with the drafting, review, and negotiation of postnuptial agreements. The firm has served individuals and families in Maryland since 1997. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Postnuptial Agreements Mean in Maryland
Maryland is not a community property state; it follows equitable distribution, meaning marital property is divided fairly but not necessarily equally when a marriage ends. A valid postnuptial agreement can override the default legal rules and establish how assets, debts, spousal support, and other financial matters will be handled. The agreement can address classification of property as marital or separate, allocation of retirement accounts, business valuation, and waiver of alimony. Because Maryland courts generally enforce postnuptial agreements that are entered into voluntarily, with full disclosure of assets, and that are not unconscionable, having experienced legal guidance is essential.
In Maryland, family law matters are heard in the Circuit Courts of each county. For example, the Circuit Court for Montgomery County, located at 191 East Jefferson Street in Rockville, handles postnuptial agreement enforcement as part of divorce or separation proceedings. Similarly, courts in Prince George’s, Howard, Anne Arundel, and Frederick counties see these issues. The firm’s Maryland location in Rockville serves clients throughout the state, including the communities of Bethesda, Silver Spring, Gaithersburg, Columbia, Annapolis, and beyond. Understanding local court expectations and the nuances of Maryland’s family law statutes – including § 8-205 (monetary award in equitable distribution) – strengthens the enforceability of a postnuptial agreement.
How the Firm Handles Postnuptial Agreement Cases
When a client contacts Law Offices Of SRIS, P.C., the firm first discusses the client’s goals, financial circumstances, and any concerns about the marriage. Mr. Sris and the firm’s Of Counsel attorneys then explain how Maryland law treats postnuptial agreements, including the requirement of full and fair disclosure, the importance of independent legal representation (or a knowing waiver of that right), and the factors a court may examine if the agreement is later challenged. The firm drafts agreements tailored to the client’s situation, whether the focus is on protecting a family business, preserving separate property, defining spousal support obligations, or avoiding contested litigation in the future.
For individuals whose spouse has proposed a postnuptial agreement, the firm provides careful review and negotiation services. The attorneys assess whether the terms comply with Maryland law, whether the financial disclosures are complete, and whether the agreement might be set aside later as unconscionable or the product of duress. The goal is to achieve a fair, enforceable contract that protects the client’s interests while minimizing conflict. Throughout the process, the firm works to keep the matter collaborative when possible, but is prepared to litigate enforcement or validity issues if the matter proceeds to divorce court. The timeline for drafting and finalizing a postnuptial agreement varies based on the complexity of the assets and the level of cooperation between the spouses.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. A former prosecutor, he brings courtroom experience and a disciplined approach to resolving family law disputes. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and leads the firm’s family law practice in Maryland.
The firm’s Of Counsel attorneys include practitioners with backgrounds in family law, litigation, and former government service. Together with Mr. Sris, they bring extensive combined legal experience to postnuptial agreement matters. Results may vary. The firm’s Maryland location is at 199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850. For a consultation, call (888) 437-7747.
Frequently Asked Questions
What is the difference between a prenuptial agreement and a postnuptial agreement in Maryland?
A prenuptial agreement is entered into before marriage, while a postnuptial agreement is made after the wedding. Both are contracts that can address property division, spousal support, and other financial matters. Maryland law enforces both types, provided they are voluntary, include full financial disclosure, and are not unconscionable. A postnup may be used when circumstances change during the marriage – for example, a spouse receives an inheritance, starts a business, or the couple separates but does not divorce. The same high standard of fairness applies to both.
Are postnuptial agreements enforceable in Maryland?
Maryland courts generally enforce postnuptial agreements that meet the state’s requirements. The agreement must be entered into freely, with full disclosure of each spouse’s assets and debts, and its terms cannot be so one-sided as to shock the conscience. If a divorce later occurs and one party challenges the agreement, the court will examine the circumstances under which it was signed. Because enforceability can turn on minute details, it is important to work with an experienced family law attorney when drafting or reviewing a postnuptial agreement.
Can a postnuptial agreement address child custody or child support in Maryland?
No, a postnuptial agreement cannot predetermine child custody or child support. Maryland courts always decide custody and support based on the best interests of the child at the time of the proceeding, not on a prior contract. While spouses may express wishes about parenting arrangements in a postnup, those provisions are not binding. An agreement can, however, govern spousal support, property division, and other financial matters. Any attempt to limit or waive child support or custody in advance will be disregarded by the court.
Do I need to have separate attorneys if my spouse proposes a postnuptial agreement?
Maryland law does not strictly require you to hire your own attorney, but it is strongly recommended. When one spouse presents a postnuptial agreement, the other spouse should have the opportunity to consult independent counsel. If a party signs without legal representation, a court may later scrutinize the agreement more closely for fairness and voluntariness. For an agreement offered by your spouse, having your own lawyer review the terms is a critical protection. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens if we later divorce and one spouse tries to set aside the postnuptial agreement?
The spouse challenging the agreement must prove to the court that it was invalid. Grounds for setting aside a postnuptial agreement include lack of financial disclosure, duress, fraud, or unconscionability. The court will examine the negotiations, the parties’ relative sophistication, and whether independent legal advice was obtained. If the agreement is found invalid, property division will proceed under Maryland’s default equitable distribution rules. Proper drafting and full transparency at the time of signing reduce the risk of a later challenge.
How do I start the process of getting a postnuptial agreement in Maryland?
Contact a Maryland family law attorney to schedule an initial consultation. Bring a list of your assets and debts, income information, and any concerns you have about financial security or estate planning. The attorney will explain the law, discuss what terms are reasonable, and outline the steps to negotiate and finalize the agreement. The process typically begins with a discussion between you and your spouse about the need for the agreement, followed by drafting, review, and signing. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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Last reviewed: July 2026
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