Prenuptial Agreement Template & Prenup Guide

A prenuptial agreement decides in advance how a couple will handle property, debt, and support if the marriage ends. People tend to picture it as something only the wealthy bother with, but a prenup is just as useful for a couple bringing a small business, a house, student debt, or children from a prior relationship into a marriage.

This guide walks through what a prenup can and cannot do, the clauses every agreement should contain, how to draft one step by step, and the mistakes that lead a court to tear it up.

What Is a Prenuptial Agreement?

A prenuptial agreement (often shortened to "prenup," and sometimes called a premarital agreement or antenuptial agreement) is a written contract signed by two people before they marry. It sets the rules for how their finances will be sorted out if they later divorce or one of them dies.

Without a prenup, those questions get answered by your state's default law. In community property states such as California, Texas, and Arizona, most assets earned during the marriage are split fifty-fifty. In equitable distribution states, a judge divides marital property in whatever proportion seems fair, which is not always equal. A prenup lets you replace those defaults with terms the two of you chose while you were on good terms.

The agreement only takes effect once you are legally married. If the wedding never happens, the prenup is void.

Who Actually Needs a Prenup

A prenup earns its keep any time one or both partners bring something to the marriage that they'd want sorted out cleanly if things go wrong. A few situations where it tends to matter:

• You own a business. Without a prenup, a spouse can end up with a claim on the company or its growth during the marriage, which can force a buyout or even a sale in a divorce.
• One of you has significant debt. A prenup can keep one partner's student loans or business liabilities from becoming a shared problem.
• There are children from a prior relationship. A prenup can lock in that certain assets pass to those children rather than to a new spouse.
• There's a big gap in income or assets. Couples with very different financial pictures use a prenup to set expectations around support before resentment has a chance to build.
• You expect an inheritance or own a family property. Keeping inherited or family assets defined as separate property protects them from being mixed into the marital pot.

None of this assumes the marriage will fail. A prenup is closer to insurance: you draft it hoping never to use it, but you're glad it exists if you do.

What a Prenup Can and Can't Cover

Knowing the boundaries up front saves you from drafting clauses a court will simply ignore.

What a prenup can address

• Separate vs. marital property: which assets stay with the original owner and which become shared
• Division of property if the marriage ends, including the family home, investments, and business interests
• Spousal support (alimony), including a waiver, a cap, or a formula
• Debt allocation: who is responsible for student loans, credit cards, or a mortgage
• Death and estate provisions that work alongside a will, such as protecting an inheritance for children from a prior marriage
• Management of finances during the marriage, like how joint accounts and household expenses are handled

What a prenup can't address

• Child custody and child support. These are decided by the court in the child's best interest at the time of divorce, never bargained away in advance.
• Anything illegal or that encourages divorce.
• Personal, non-financial terms. "Lifestyle" clauses about chores, weight, or how often in-laws visit are generally unenforceable, and packing them in makes a judge doubt the whole document.
• Unconscionable terms that leave one spouse destitute while the other keeps everything.

Key Clauses in a Prenuptial Agreement

1. Identification of the Parties

Open with the full legal names of both people, the date, and a statement that they intend to marry. Note the anticipated wedding date so the timeline is on the record.

2. Full Financial Disclosure

This is the foundation of an enforceable prenup. Each person must disclose their assets, debts, and income honestly. The cleanest way is to attach a schedule for each spouse listing:

• Real estate, bank and investment accounts, retirement plans, and business interests
• Outstanding debts: loans, credit cards, mortgages, tax liabilities
• Annual income and significant expected inheritances or gifts

Hiding or lowballing assets is the fastest way to get a prenup thrown out later.

3. Separate Property

Define what each person owns going in and wants to keep as theirs alone. This typically covers premarital assets, future inheritances, gifts, and anything bought with separate funds. Be specific: name the property, account, or business so there is no argument later about what was meant.

4. Marital Property

Spell out how assets acquired during the marriage will be treated. Will income earned after the wedding be shared or kept separate? What about appreciation in the value of a premarital business, or a home bought together? The gap between separate and marital property is where most divorce fights happen, so this clause earns its space.

5. Spousal Support

State whether either spouse will receive alimony, and if so how much and for how long. Couples often set a formula tied to the length of the marriage, or a flat waiver. A complete waiver is allowed in many states but is the clause most likely to be challenged, so it needs to be fair and entered into knowingly.

6. Debt Responsibility

Assign responsibility for existing and future debts. This protects each spouse from being chased for the other's student loans or credit-card balances and clarifies who carries the mortgage.

7. Death and Estate Provisions

A prenup can confirm that certain property passes to children from a prior relationship rather than to the surviving spouse, or that one spouse waives a statutory share of the other's estate. Coordinate this clause with your will and beneficiary designations so the documents don't contradict each other.

8. Sunset Clause (Optional)

Some couples add a sunset provision so the prenup expires after a set number of years of marriage, or after certain milestones. It can make an agreement feel less transactional, but think carefully before including one.

9. Governing Law and Severability

Name the state whose law governs the agreement. Add a severability clause so that if one provision is struck down, the rest survives.

10. Signatures and Acknowledgment

Both parties sign, ideally before a notary. Many couples also recite that each had the chance to consult independent counsel and entered the agreement voluntarily.

How to Write a Prenup: Step-by-Step

Step 1: Start early. Begin the conversation months before the wedding. A prenup signed in the final week invites a duress claim, and a few states require a waiting period between the final draft and signing.

Step 2: Each of you gather your finances. Both partners pull together a complete list of assets, debts, and income. Accuracy here is what makes the agreement stick.

Step 3: Agree on the big questions. Talk through separate vs. marital property, spousal support, and debt before anything is drafted. The agreement should reflect a shared decision, not one side's wish list.

Step 4: Draft the agreement. Put the terms in writing using clear clauses and attach each person's financial schedule.

Step 5: Have each side review with their own lawyer. Independent counsel for each spouse is the strongest signal to a court that the deal was fair and understood. If hiring two attorneys isn't realistic, give the other person ample time and information to seek advice.

Step 6: Sign well before the wedding. Sign and notarize with time to spare, then keep an executed copy somewhere safe.

What Makes a Prenup Unenforceable?

Courts set prenups aside more often than people expect. The usual reasons:

No financial disclosure. If one spouse didn't know what the other owned, a judge can void the agreement. Full disclosure isn't optional.

Signed under duress. Presenting a prenup the night before the wedding, with bags packed and guests arriving, is the textbook setup for a duress argument.

No independent counsel. When one party had a lawyer and the other had none, and the terms are lopsided, the agreement is far easier to attack.

Unconscionable terms. An agreement that leaves one spouse with nothing while the other keeps everything may be struck down as fundamentally unfair, especially if circumstances changed dramatically during a long marriage.

Improper execution. Verbal agreements don't count. The document must be written and signed, and ideally notarized.

Invalid provisions. Clauses on child custody, child support, or personal conduct aren't enforceable, and stuffing them in can taint how a court reads the rest.

State-by-State Nuances

Most states follow some version of the Uniform Premarital Agreement Act (UPAA) or the newer Uniform Premarital and Marital Agreements Act (UPMAA), which set baseline rules on disclosure and voluntariness. Even so, the details vary:

• California requires at least seven days between presenting the final agreement and signing it, and imposes strict conditions before a spousal-support waiver will hold.
• Community property states (California, Texas, Arizona, Nevada, Washington, and others) split marital property fifty-fifty by default, so a prenup that changes that division does real work.
• Equitable distribution states give judges discretion, which a prenup can replace with predictable terms.

Because the rules differ, the governing-law clause matters, and an agreement valid where you signed it should also be drafted to survive if you later move.

Common Mistakes to Avoid

• Waiting until the last minute. Rushing is the leading cause of a prenup being challenged. Start months ahead.
• Skipping full disclosure. Leaving an account or a debt off the schedule can sink the entire agreement.
• Using one lawyer for both of you. A shared attorney creates a conflict of interest and weakens enforceability.
• Copying a generic form without tailoring it. A prenup built for someone else's finances rarely fits yours, and vague language breeds disputes.
• Including unenforceable clauses. Lifestyle terms and anything touching the kids don't belong in a prenup.
• Forgetting to update. A new business, child, or inheritance can change the picture. Revisit the agreement, and use a postnuptial agreement if you need to revise after the wedding.

If you're still deciding what belongs in your agreement, the essential questions to ask before crafting your prenuptial agreement and this prenuptial agreement checklist walk through the points couples most often overlook. Unmarried partners who want similar protections without a wedding can look at a cohabitation agreement instead, and it helps to know how divorce agreements divide property if a marriage does end, since that's the default a prenup is replacing.

Related guides

• Prenuptial Agreement Checklist: A Comprehensive Guide
• 10 Essential Questions for Crafting Your Prenuptial Agreement
• Office Lease Agreement Template & Guide
• Medical Power of Attorney Template & Guide
• Affidavit of Death Template: How to Write an Affidavit of Death

Generate Your Prenuptial Agreement with Contractable

A prenup is straightforward once you know the structure, but getting the disclosure, property definitions, and support terms right for your situation takes care. Contractable generates a customized prenuptial agreement in minutes, with the clauses and financial schedules your circumstances call for. Start there, then have each side review it with their own counsel before signing.