What Documents Are Required to Create a Prenuptial Agreement in Maryland?

A prenuptial agreement (or “prenup”) is a legally binding contract made between two people before they get married. It outlines how finances, property, and debts will be handled during the marriage and in the event of a divorce or death. If you're planning to get married in Maryland, having a clear and enforceable prenuptial agreement can help protect your interests and reduce future uncertainty.



At The Law Office of Kristin Gooray Hagood LLC, we provide legal assistance to Maryland residents who want to prepare a comprehensive and valid prenuptial agreement. Below, we outline the key documents needed to create one.

1. Full Financial Disclosure

Both parties must provide a full and honest disclosure of their finances. This is essential for the agreement to be enforceable.

• Bank Statements – Checking, savings, and investment accounts
• Pay Stubs or Income Records – Proof of regular income
• Tax Returns – Typically for the past two to three years
• Real Estate Documents – Deeds, mortgage statements, or appraisals
• Retirement and Pension Account Statements – 401(k), IRA, pensions, etc.
• Business Ownership Documents – If either party owns a business
• Debts and Liabilities – Credit card statements, student loans, auto loans, etc.

2. Property Records

A clear listing of each person’s separate property (owned before the marriage) and its current value is important. These documents help distinguish between premarital and marital assets.

• Deeds or titles to homes, vehicles, or other assets
• Inheritance documents or trusts
• Valuable personal property records (e.g., jewelry, artwork)

3. Legal Identification

Each party will need to provide proof of identity to enter into a valid contract.

• Government-issued ID (driver’s license or passport)
• Social Security number for legal and financial referencing

4. Draft of Proposed Agreement (Prepared by an Attorney)

While not required before meeting with a lawyer, having a draft or outline of your goals and concerns can speed up the process. Your attorney will prepare the formal document that reflects Maryland law and ensures fairness.

5. Legal Representation for Each Party

Although not legally required, it is strongly recommended that each party has their own attorney review the agreement. This ensures that both parties understand the terms and can protect against claims of coercion or unfairness later.

Final Thoughts

A prenuptial agreement offers peace of mind and financial clarity, but it must be carefully prepared to be enforceable under Maryland law. Providing the right documentation up front helps your attorney draft a valid and fair agreement.

At The Law Office of Kristin Gooray Hagood LLC, we help Maryland couples prepare clear and customized prenuptial agreements that reflect their needs and respect the law.