A prenuptial agreement is a legal contract signed before marriage that specifies how assets are divided if the marriage ends. This guide explains what prenups cover, who needs one, and how to approach the conversation.
Legal disclaimer: This guide is for educational purposes only and is not legal advice. Prenuptial agreements are governed by state law and should be drafted by a licensed attorney in your state.
How to Use a Prenuptial Agreement
A prenuptial agreement is most valuable when at least one partner brings significant assets, a business, inheritance, or children from a prior relationship into the marriage. It's not about distrust — it's about clarity.
What Prenups Can and Cannot Cover
Prenups can define: which assets are separate property vs marital property, how property acquired during marriage is divided, spousal support amounts (or waivers), protection of business ownership and appreciation, and handling of debt brought into marriage. Prenups cannot override child custody or child support (courts decide those based on the child's best interest at the time of divorce), require anything illegal, or include personal lifestyle clauses in most states.
Starting the Conversation
Raise the topic 6+ months before the wedding. Frame it as financial planning, not distrust: "I'd like us to be on the same page about our finances before we marry — can we talk about a prenup?" Bring a list of your assets and debts to the first conversation. If your partner reacts defensively, explain that a prenup protects both of you — not just the wealthier party.
FAQ
Is this prenuptial agreement guide free?
Yes, completely free with no signup required.
Do prenups protect my business?
Yes — a prenup can designate your existing business and its future appreciation as separate property, protecting it from division in divorce. Without a prenup, a spouse may be entitled to a share of business growth during the marriage in many states.
Can a prenup address alimony?
Yes, prenups can limit or waive spousal support (alimony). However, some states won't enforce alimony waivers if one spouse would end up on public assistance, or if the clause is deemed unconscionable at the time of enforcement.
When is a prenup not enforceable?
Courts can invalidate prenups if: either party signed under duress or without adequate time to review, one party wasn't fully honest about assets, the agreement is unconscionably one-sided, it was not in writing with both signatures, or it includes illegal clauses (like child custody provisions, which courts decide independently).
How much does a prenuptial agreement cost?
Simple prenups cost $1,500-$3,000 per couple (each spouse needs their own attorney). Complex prenups involving businesses, real estate, or significant assets cost $5,000-$10,000+. Hiring the same attorney for both is a conflict of interest — each party should have independent counsel.
How far in advance should we sign a prenup?
Sign at least 30-60 days before the wedding, but ideally 3-6 months prior. Signing too close to the wedding date creates a 'duress' argument that could invalidate the agreement. Both parties need time to review, negotiate, and have independent attorneys review the document.