A prenuptial agreement (also called a premarital agreement or “prenup”) is a legal contract entered into by two people before they marry. It specifies how assets, debts, and other financial matters will be handled during the marriage and in the event of divorce or death. Prenuptial agreements are recognized in all 50 US states and many countries worldwide.
Yes, prenuptial agreements are enforceable in all 50 US states, provided they meet certain requirements. To be enforceable, a prenuptial agreement must generally be: (1) in writing, (2) signed by both parties voluntarily, (3) accompanied by full financial disclosure, (4) executed before the marriage, and (5) not unconscionable. Courts will void agreements signed under duress, with incomplete financial disclosure, or that contain provisions violating public policy.
A prenuptial agreement can cover a wide range of financial matters, including: (1) rights and obligations regarding property owned before marriage, (2) how property acquired during marriage will be classified, (3) disposition of property upon divorce or death, (4) modification or elimination of spousal support (alimony), (5) ownership rights in life insurance death benefits, and (6) any other financial matter not prohibited by law. Prenuptial agreements cannot include provisions about child support or child custody, as courts retain jurisdiction over these matters.
While it is legally possible to draft a prenuptial agreement without an attorney, it is strongly recommended that both parties have independent legal counsel. Courts are significantly more likely to enforce agreements where both parties had separate attorneys. An attorney can ensure the agreement complies with your state’s specific requirements and that all provisions are legally sound. The typical cost of a professionally drafted prenuptial agreement ranges from $1,200 to $10,000 depending on the state and complexity.
Prenuptial agreements should be signed well in advance of the wedding — ideally at least 30 days before, and preferably 3–6 months before. Agreements signed very close to the wedding date (within days or weeks) may be challenged on grounds of duress, as one party may argue they felt pressured to sign to avoid disrupting the wedding. Starting the process early also allows time for negotiation, revision, and proper review by both parties’ attorneys.
The Uniform Premarital Agreement Act (UPAA) is a model law drafted by the Uniform Law Commission that provides a standardized framework for prenuptial agreements. It has been adopted by 28 states and the District of Columbia. States that have adopted the UPAA generally follow the same basic requirements for prenuptial agreements, making it easier to understand the rules in those states. States that have not adopted the UPAA have their own common law or statutory framework.
Yes, a prenuptial agreement can be challenged and potentially invalidated by a court. Common grounds for invalidating a prenuptial agreement include: (1) one party signed under duress, coercion, or undue influence, (2) lack of full and fair financial disclosure, (3) one or both parties lacked mental capacity, (4) the agreement was signed too close to the wedding date, (5) the agreement contains unconscionable provisions, or (6) the agreement was not properly executed (e.g., not in writing, not signed by both parties).
A prenuptial agreement is entered into before marriage, while a postnuptial agreement is entered into after marriage. Both serve similar purposes — specifying how assets and debts will be handled in the event of divorce or death. Postnuptial agreements are recognized in most states but may face slightly higher scrutiny from courts because the parties are already married and the power dynamics may have changed.
Notarization requirements vary by state. Some states require notarization for a prenuptial agreement to be valid, while others do not. Even in states where notarization is not required, it is strongly recommended as it provides evidence that both parties signed voluntarily and with proper identification. Check your state’s specific requirements on the relevant state page.
Yes, in most states a prenuptial agreement can modify or eliminate spousal support (alimony). However, some states will not enforce provisions that leave one spouse without any means of support, particularly if enforcing the provision would make that spouse eligible for public assistance. Courts may also refuse to enforce spousal support waivers that were unconscionable at the time of enforcement (even if they were fair when signed).
In the 9 community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), most assets acquired during marriage are owned equally (50/50) by both spouses. This is different from the 41 equitable distribution states, where marital property is divided “fairly” but not necessarily equally. Prenuptial agreements are especially important in community property states for couples who want to keep certain assets separate.
The cost of a prenuptial agreement varies significantly by state, attorney experience, and complexity. Nationally, attorney-drafted prenuptial agreements typically cost between $1,200 and $10,000. Simple agreements in less expensive markets may cost $1,200–$2,500, while complex agreements in major cities may cost $5,000–$10,000 or more. Both parties should have independent counsel, which can double the total cost. See our national cost guide or your state’s cost page for more specific information.