Prenuptial agreement drafter

Template only - requires independent counsel for BOTH parties. A prenup is only enforceable when each spouse has their own attorney. This drafter creates a starting framework, never a final document. Sign nothing without separate legal review. See our full disclaimer.

Parties

Party 1 full legal name

Party 2 full legal name

Planned wedding date

State governing the agreement

Separate property protection

Party 1's premarital assets to protect as separate property

Party 2's premarital assets to protect as separate property

Treatment of appreciation on separate property during marriage

Debt protection

Pre-marital debt treatment

Future individual debt incurred during marriage

Alimony / spousal support

Spousal support provision

Additional provisions

Business interest protections

Estate / inheritance rights waiver

Infidelity / lifestyle clause

Your prenuptial agreement draft

Have an attorney finalize your prenup

A prenup is only enforceable when BOTH parties have independent legal counsel and complete financial disclosure. We can connect you with attorneys for both sides. Free initial consultation.

What makes a prenuptial agreement enforceable?

Courts will refuse to enforce a prenup that fails specific requirements, even years after both parties signed it. The 5 essential requirements in nearly every state are: the agreement must be in writing and signed by both parties, both parties must provide full and fair financial disclosure of their assets, debts, and income, both parties must have independent legal counsel (or have knowingly and explicitly waived this right with full understanding of what they were giving up), the agreement must be signed voluntarily without coercion or duress, and the terms must not be unconscionable - so one-sided that enforcement would shock the conscience of the court.

The single most common reason prenups get invalidated is inadequate financial disclosure - if one party significantly underreported their assets, the other party can argue they didn't truly understand what they were agreeing to give up. The second most common reason is timing pressure - signing a prenup days before the wedding creates an argument of duress, since the signing party may have felt unable to back out at that point. Start the prenup process at least 90 days before the wedding, ideally further in advance. If you're protecting business interests specifically, the business entity tools in our Business Law section provide additional structural protections beyond the prenup itself.

What can and can't a prenup control?

Prenups can validly address: characterization and division of property (what's separate vs. marital), debt allocation, spousal support/alimony (waiver, modification, or capping), and provisions for what happens to specific assets like businesses or inheritances. Prenups cannot validly address: child custody or child support (these are determined by the child's best interests at the time of any divorce, not predetermined years in advance), anything that would leave a spouse eligible for public assistance (courts won't enforce alimony waivers that would result in a spouse needing welfare), and matters unrelated to the divorce/death context, such as household chores or non-financial lifestyle requirements (these "lifestyle clauses" are generally unenforceable even if included).

How does a prenup differ from a postnuptial agreement?

A prenup is signed before marriage; a postnuptial agreement (postnup) covers the same topics but is signed after the wedding has already occurred. Postnups are used when couples didn't complete a prenup before marrying, or when circumstances change during the marriage that warrant a new agreement (one spouse starts a business, receives a large inheritance, or the couple wants to address financial issues that have arisen). Postnups face additional enforceability scrutiny in some states because the "consideration" (what each party gives up in exchange for the agreement) is less clear once the marriage has already occurred - some states require additional consideration beyond just staying married. Use the postnuptial agreement builder if you're already married.

Frequently asked questions about prenuptial agreements

While not legally required in every state, separate counsel for each party is the single strongest protection against future enforceability challenges. Courts scrutinize prenups where one party didn't have their own attorney far more closely, often presuming the agreement is unfair to the unrepresented party. Many states either require independent counsel for enforceability or create a strong presumption against agreements where one party wasn't represented. The cost of separate counsel (typically $1,500 to $5,000 total for both parties for a straightforward prenup) is a small price compared to the risk of an unenforceable agreement during an actual divorce.

Yes, prenups are typically challenged at the time of divorce, which can be decades after signing. Common challenge grounds include: inadequate financial disclosure at signing, lack of independent counsel, the agreement being unconscionable at the time of enforcement (even if it wasn't unconscionable when signed - some states evaluate fairness at the time of divorce, not just at signing), and signing under duress or time pressure. This is why proper execution at the outset matters so much - a prenup that survives a challenge years later was almost always properly executed with full disclosure and independent counsel from the start.

At least 30 days before the wedding is a common statutory minimum in states with specific timing requirements, but family law attorneys generally recommend starting the process 90 days or more in advance and finalizing at least several weeks before the wedding. Signing immediately before the wedding (days before, especially with travel and guests already arranged) creates a strong argument that the signing party felt coerced or under duress because backing out at that point seemed practically impossible. Starting early also allows time for proper financial disclosure, negotiation, and independent attorney review without rushed pressure.

Yes, by mutual written agreement of both spouses, typically requiring the same formalities as the original prenup (writing, signatures, often independent counsel again). Couples sometimes update prenups when circumstances change significantly - a major inheritance, starting a business, having children, or simply deciding the original terms no longer reflect their wishes. An amendment or revocation should be documented as carefully as the original agreement; verbal agreements to disregard a prenup are generally not enforceable, and one spouse cannot unilaterally revoke a valid prenup.

Family law attorneys increasingly frame prenups as a financial planning tool rather than a sign of distrust - similar to having a will, which isn't viewed as expecting death. Prenups are particularly valuable for: protecting family businesses or inheritances for future generations, protecting children from prior relationships, addressing significant income or asset disparities between partners, and simply creating clarity and reducing future conflict by having an explicit, mutually agreed financial framework. Many couples report that the process of negotiating a prenup - requiring full financial transparency and explicit conversations about money - strengthens their relationship by surfacing and resolving financial communication issues before marriage rather than after.