A prenuptial agreement is a contract made before marriage that decides how property and debts are handled if the marriage ends or one spouse dies. They are not only for the wealthy.
What a prenup can cover
- Which assets and debts stay separate.
- How property acquired during the marriage is divided.
- Whether either spouse pays spousal support and how much.
- Rights to a business or inheritance.
- Who is responsible for pre-marriage debts, such as student loans.
What it cannot do
A prenup generally cannot decide child custody or child support, because courts retain authority over a child's interests. Provisions that are illegal or that leave one spouse unable to support themselves can be rejected.
What makes it enforceable
- It is in writing and signed by both people.
- Each side made full and fair financial disclosure.
- Signing was voluntary, with no pressure or last-minute ambush.
- Each person had a reasonable chance to review it, ideally with their own lawyer.
- The terms are not unconscionably one-sided when enforced.
Timing and practical tips
Raise the subject early and sign well before the wedding. Many states follow a version of the Uniform Premarital Agreement Act, though state rules differ. Postnuptial agreements, signed after the wedding, are also recognized in many states.
Frequently asked questions
Do we need separate lawyers?
It is strongly advised. Using one lawyer for both can undermine enforceability.
Can a prenup be changed?
Yes, if both spouses sign a written amendment that meets the same requirements.