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Maryland Postnuptial Agreement Law

Marriage – Postnuptial Agreements – Maryland

Title 4, Subtitle 2, § 4-204 FAM. LAW. Right of married woman to certain independent acts, as if unmarried.

A married woman may do any of the following, as if she were unmarried:

(1) engage in a business;
(2) make a contract with any person, including her husband, whether or not she is engaged in business;
(3) bind herself and her assigns by a covenant running with or related to real property or chattels real deeded to her on or after March 19, 1867;
(4) form a partnership with any person, including her husband;
(5) sue on any contract, including a contract made with her husband;
(6) sue for the recovery, security, or protection of her property;
(7) sue for any tort committed against her; and
(8) appoint counsel to represent her in an action brought under § 4-205(b) or (c) or § 4-301(b) of this title.

Title 8, Subtitle 1, § 8-101 FAM. LAW. Valid deeds, agreements, settlements.

(a) Deed or agreement. — A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.
(b) Settlement. — A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.

§ 8-102 FAM. LAW. Deed or agreement between spouses not bar to divorce.
A deed or agreement between spouses is not a bar to an action for absolute or limited divorce, regardless of whether the deed or agreement was executed:

(1) when the parties were living together or apart; or
(2) before, after, or while there was a ground for divorce.

§ 8-103 FAM. LAW. Provisions liable to modification: care, custody of children; spousal support.

(a) Provision concerning children. — The court may modify any provision of a deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, if the modification would be in the best interests of the child.
(b) Exception for provision concerning support of spouse. — The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states that the provisions with respect to spousal support are not subject to any court modification.
(c) Certain exceptions for provision concerning alimony or support of spouse. — The court may modify any provision of a deed, agreement, or settlement with respect to alimony or spousal support executed on or after April 13, 1976, regardless of how the provision is stated, unless there is:

(1) an express waiver of alimony or spousal support; or
(2) a provision that specifically states that the provisions with respect to alimony or spousal support are not subject to any court modification.

§ 8-105 FAM. LAW. Enforcement by power of contempt; modification.

(a) Enforcement by power of contempt. —

(1) The court may enforce by power of contempt the provisions of a deed, agreement, or settlement that are merged into a divorce decree.
(2) The court may enforce by power of contempt or as an independent contract not superseded by the divorce decree the provisions of a deed, agreement, or settlement that contain language that the deed, agreement, or settlement is incorporated but not merged into a divorce decree.

(b) Modification. — The court may modify any provision of a deed, agreement, or settlement that is:

(1) incorporated, whether or not merged, into a divorce decree; and
(2) subject to modification under § 8-103 of this subtitle.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.


Inside Maryland Postnuptial Agreement Law