Is It Possible to Undo or Update a Prenuptial Agreement in Maryland?

 Posted on April 27, 2026 in Family Law

You can make your best guess at what your future self wants out of life, but really, it’s impossible to be sure. If you’ve reviewed your prenuptial agreement and found that it’s not representative of what you and your spouse want anymore, Maryland law allows you to make changes. A Cockeysville family law attorney can help you understand how to make them and how to follow the correct legal process.

How Can a Maryland Couple Update a Prenuptial Agreement After Marriage?

Prenuptial agreements aren’t set in stone. Maryland law allows married couples to change or revoke a prenuptial agreement via a postnuptial agreement. This is a written contract entered into after the wedding that either changes specific terms of the original prenup or replaces it altogether. Under Maryland Family Law § 8-101, spouses can enter into agreements about alimony, support, property rights, or personal rights. Courts will generally uphold these agreements if they were entered into voluntarily and with full financial disclosure by both spouses.

There are several life events that commonly prompt couples to update their terms:

• The birth or adoption of children

• A significant change in either spouse's income or financial situation

• One spouse leaving the workforce to raise children or care for a family member

• Starting or selling a business

• Inheriting substantial assets

• Relocating to a new state with different property laws

Any of these changes could make the original agreement feel outdated or even unfair. Addressing them proactively through a postnuptial agreement is a great way to make sure that both partners feel secure about how things would be handled in the event of a divorce.

Can We Get Rid of Our Prenup If We Don’t Want One Anymore?

Couples can also get rid of their prenup completely, as long as both spouses agree. This is done through a written postnuptial agreement that formally revokes the original prenup. Both spouses need to sign it. A verbal agreement between spouses to ignore the prenup won't hold up if the marriage later ends in divorce.

Removing a prenuptial agreement should happen the way setting up a prenup should: with independent legal counsel. Having your own lawyer to advise you before agreeing to dissolve a prenuptial agreement will give you an opportunity to truly consider what you may be giving up and whether you’re comfortable with that.  

What Makes a Prenup Modification or Revocation Invalid in Maryland?

Whether you're voiding or updating a prenuptial agreement, certain requirements have to be met for the change to hold up. They are essentially the same as writing a prenup in the first place. Under Maryland's Marital Property Act and established case law, a prenuptial agreement (or update to one) may be unenforceable if:

• One spouse didn't fully disclose their assets or debts before signing.

• One spouse signed under duress or pressure (without a real choice).

• One spouse didn't have a reasonable opportunity to review the agreement or consult with their own attorney.

• The terms are grossly unfair, or "unconscionable."

• The agreement was signed based on fraud or misrepresentation.

Maryland does not allow one spouse to unilaterally change or cancel a prenuptial agreement. It's also worth noting that not every provision in a prenup can be modified by agreement. Terms relating to child custody or child support, for example, are always subject to court review regardless of what any contract says. This is because the law puts the child's best interests above any private arrangement between parents.

If you’re unsure whether your prenup needs an update in 2026 or not, speak to an attorney who’s familiar with family law. They can advise you on the implications of the terms in the original agreement and help you decide if they need changing or not.

Call a Dorchester County, MD Prenuptial Agreement Attorney Today

Our Cockeysville family law lawyers at Zide Law Group, LLC bring over 50 years of combined experience to every case, and the majority of our team has worked together for over a decade. We handle the full range of family law matters and are committed to giving each client focused, personalized attention throughout the process. Call 410-760-9433 to schedule a consultation.