Documents / Personal & Family
Prenuptial Agreement
Define what stays separate and what becomes shared before you marry — property, earnings, debts, and spousal support.
Time
~20 min
Questions
19
Steps
4
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PDF · Word
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What we will cover
- 01
The Parties
Both future spouses are parties to this agreement. It must be signed well before the wedding — last-minute prenups are the ones courts throw out.
- 02
Financial Disclosure
Full, fair, and honest disclosure of what each of you owns and owes is the foundation of an enforceable prenup. Incomplete disclosure is the most common reason these agreements fail.
- 03
Property & Support
- 04
Independent Counsel
Courts look hard at whether each party had a real chance to consult their own lawyer. Naming counsel here — or knowingly waiving it — matters for enforceability.
- 05
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About this document
A prenuptial agreement settles in advance what stays separate and what becomes shared: premarital property, earnings during the marriage, business interests, debts each of you brings in, and whether spousal support is waived or left to the courts. It is most valuable for second marriages, business owners, and couples entering with very different assets or debts — without one, state law makes every one of these decisions for you.
Enforceability turns on how the agreement was made, not just what it says. The recurring failure points are timing, disclosure, and counsel: sign weeks before the wedding rather than days, exchange complete written schedules of assets, liabilities, and income, and have each party consult their own attorney. Some states add formalities such as waiting periods, notarization, or specific language for support waivers, so confirm your state's rules before signing.
Common questions
How long before the wedding should a prenup be signed?+
As far in advance as you can manage — weeks or months, not days. An agreement presented shortly before the ceremony invites a later claim that one party signed under pressure, and a few states impose a minimum waiting period between presentation and signing. Give both parties real time to read it, ask questions, and take it to their own lawyer.
Can a prenup decide child custody or child support?+
No. Courts decide custody and support based on the child's best interests at the time of the dispute, and they will not be bound by what the parents agreed to years earlier. Provisions attempting to fix those terms are typically struck while the rest of the agreement stands.
Do both parties need their own lawyer?+
Independent counsel is not strictly required in most states, but it is the single strongest defense against a later challenge, and some states condition enforcement of spousal-support waivers on it. One attorney cannot represent both of you. At a minimum, each party should have a genuine opportunity to consult counsel, documented in the agreement itself.
General information, not legal advice — laws vary by state and change over time.
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