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Top Ten Questions About Prenuptial Agreements in the Washington, D.C. Metropolitan Area

August 6, 2026

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No one enters a marriage expecting it to end. However, undisclosed financial expectations can create misunderstandings later. Prenuptial agreements allow parties to determine their rights and obligations so those situations can be avoided. Here are a few things you should know about prenuptial agreements:

What is a prenuptial agreement?

Prenuptial agreements, also known as premarital agreements, are contracts entered into by intended spouses. They determine the rights and obligations of the intended spouses upon separation, divorce or death for the topics and issues included in the premarital agreement by the parties.

Do I need a prenuptial agreement, and why?

Yes! I tell my clients that having a prenuptial agreement is like wearing your seatbelt – you hope you never need it, but you’ll be happy to have it if you do.

Prenuptial agreements don’t have to be scary, and they certainly are not taboo. They do not indicate that you plan or want your marriage to fail or that you’re only focused on money. Rather, by making decisions together before marriage, you and your fiancé often gain peace of mind knowing you have addressed difficult topics while working toward the same goal. Once you have settled financial rights and obligations, you may not be as concerned about jointly acquiring assets such as real estate or combining finances as you both feel protected.

When should I start the process?

It’s best to start the process as early as possible. Wedding planning can be very stressful, and you don’t want to leave your prenuptial agreement until the days or weeks before your big day. When you start early you can carefully consider your options, gather information and have time to discuss with your intended spouse in a less stressful environment.

Do I have to have an attorney?

Neither party is required to have a lawyer. However, you will be best served by engaging an attorney that is familiar with premarital agreements in your jurisdiction. Though you may be negotiating with someone you love, these agreements are technical documents and legally binding. The words included, as well as the words omitted, matter and have meaning in the law. Also, it can be difficult to adequately represent or advocate for yourself in this process “against” someone you love. An experienced lawyer will be objective, give you guidance and advice as well as negotiate on your behalf. Additionally, an experienced attorney will ensure your agreement complies with applicable law. This is not something you want to leave to chance or AI and its common hallucinations.

Is a premarital agreement valid if we move to another state or get married somewhere else?

Yes. Your prenuptial agreement will likely, and should, include a provision determining what law applies in the event the agreement is examined or interpreted by a court. If your premarital agreement was drafted based on Virginia law, and you move to Maryland, Virginia law will still apply and a Maryland judge will use Virginia law to interpret your prenuptial agreement, and vice versa. The same is true for Washington, D.C. or any other state.

Similarly, if you get married in a jurisdiction other than where you live, you do not need to tailor your premarital agreement to the location of your marriage. Rather, your premarital agreement should be based on the law of the jurisdiction in which you and your intended spouse reside or where you plan to live upon marriage.

If I have a prenuptial agreement, do I still need estate planning?

Absolutely! A prenuptial agreement can do many things, including addressing assets upon death, but it is not intended to replace estate planning documents like wills and trusts. It is important that your prenuptial agreement and estate planning documents are written in harmony to avoid later disputes regarding conflicting provisions or missed assets.

Can I get a prenuptial agreement for my child before they get married?

Not on your own. Your child would be a party to the premarital agreement and would need to participate in the process and sign the document. It is not uncommon for parents to want to protect legacy wealth, inheritance, family businesses and heirlooms, all of which can be done with a carefully crafted premarital agreement.

What can be included in a premarital agreement?

Almost anything. Premarital agreements are contracts. Provided they were entered into knowingly, voluntarily and without coercion or duress, and so long as the terms included do not violate law or public policy, they will be enforceable. This means you can resolve some issues, like a house, retirement or alimony/spousal support, or all rights and obligations arising out of a marriage. It also means you can be as creative as you want and tailor your premarital agreement to your specific circumstances. Most importantly, you do not have to currently own or possess all items you want to include in your agreement. For example, if you and your future spouse currently rent but plan to buy a house after you marry, your prenuptial agreement can address what will happen to that future house (and other future assets).

Can I change the terms of my prenuptial agreement?

It depends. If you and your other half wish to modify the terms of your prenuptial agreement, you can do so. You should not attempt to modify your prenuptial agreement on your own or on an ad hoc basis. Instead, a separate formal document should be prepared by an experienced attorney reflecting the new terms. An amendment to your prenuptial agreement should be treated as equally important as the prenuptial agreement you wish to amend.

Generally, a prenuptial agreement cannot be modified by a court unless the terms of the prenuptial agreement provide for modifiability. An exception, however, is child support, child custody and child visitation which, in Washington, D.C., Virginia and Maryland, are modifiable based on a material change in circumstances. Provisions in a prenuptial agreement attempting to waive modifiability of child support, custody or visitation or to waive the right to seek the same will be deemed against public policy and will not be enforced.

When does a prenuptial agreement go into effect and how long does it last?

Most prenuptial agreements include terms that indicate they are only effective upon marriage. This is true regardless of how far in advance of the marriage the premarital agreement is executed. Similarly, most prenuptial agreements include terms that provide for what happens upon separation without divorce as well as a subsequent reconciliation.

Premarital agreements last forever or until they are revoked by the parties or rescinded by a court of competent jurisdiction. Parties wishing to revoke their prenuptial agreement should consult with an experienced attorney about the implications of revocation and as with a modification, a separate, formal document should be prepared. Note in Maryland, Virginia and Washington, D.C., it is very difficult to have a court rescind a prenuptial agreement as courts favor parties entering into agreements to resolve issues and favor keeping contracts in place.

A prenuptial agreement isn’t about anticipating divorce – it’s about having honest conversations, protecting each other’s interests and creating financial clarity before saying “I do.”

Whether you are entering a first marriage, are bringing substantial assets into the relationship, own a business or simply want to establish clear expectations, consulting with an experienced family law attorney can help you determine whether a prenuptial agreement is appropriate for your situation.

Bio:

Lynette Kleiza is a Partner in the Family Law Practice at Selzer Gurvitch. She represents clients in Maryland, Virginia and Washington, D.C. in all aspects of family law, including separation, divorce, child custody, prenuptial and postnuptial agreements, adoption, relocation and collaborative law.

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Firm bio:

Selzer Gurvitch is a leading real estate, trusts and estates, business transactions, tax, land use and zoning, family law and litigation law firm in Bethesda, Maryland. Since 1982, the firm has delivered innovative solutions to meet the needs of investors, owners, developers, businesses and individuals throughout the Washington, D.C. metropolitan area.

Originally published at Bethesdamagazine