Prenuptial Agreement Guide

A prenuptial agreement (prenup) is a contract between two people who plan to marry, defining how assets, debts, and support will be handled if the marriage ends. It's not romantic, but it's practical — and it prevents the most painful disputes in a divorce.

What a prenup can cover

• Asset division — how pre-marital and marital assets will be divided.
• Debt responsibility — who's responsible for debts incurred before and during the marriage.
• Spousal support — whether alimony will be paid, how much, and for how long.
• Property classification — what's considered separate (pre-marital) vs. marital.
• Business interests — protecting a business or professional practice owned before marriage.

What a prenup can't cover

• Child custody — courts decide custody based on the best interests of the child at the time of divorce, not based on a prenup.
• Child support — same as custody — determined by state guidelines at the time.
• Personal habits — weight gain, household chores, or personal behavior (these clauses are not enforceable).
• Illegal terms — anything that violates public policy or state law.

Enforceability requirements

For a prenup to be enforceable, it must meet these conditions:

• Written and signed — oral agreements don't count.
• Voluntary — no duress, coercion, or undue influence. Both parties should have independent attorneys.
• Full disclosure — both parties must fully disclose all assets, debts, and income.
• Fair and reasonable — the terms can't be so one-sided that they're unconscionable.
• Time — the agreement should be signed well before the wedding (at least 30 days is recommended).

Make it legal

• Both parties sign voluntarily.
• Each party should have independent legal counsel.
• Full financial disclosure from both parties.
• Sign well before the wedding date.
• Each party keeps a signed copy.

A state-specific prenuptial agreement drafted to your situation takes about ten minutes.