Prenuptial Agreement Template (Free, Attorney-Drafted)
Direct Answer
A prenuptial agreement template is a pre-built marital contract that already contains the caption, the recitals, the fifteen numbered Articles the courts look for (separate property, marital income, spousal support, estate rights, choice of law), dual signature blocks, dual notary acknowledgments, and Schedule A and Schedule B financial disclosure references. The full prenup template below is attorney-drafted, free to use, and structured to satisfy the Uniform Premarital Agreement Act and the state variations that govern it.
Free · Word · PDF
Copy, adapt, disclose, sign, notarize
Prenuptial Agreement Template (Attorney-Drafted)
The full prenuptial agreement form is below. Each Article is paired with a drafting note that explains the bracketed fields, when to modify the substantive election, and which state variations apply. Copy the body straight into Word; the structure is built to satisfy the Uniform Premarital Agreement Act (UPAA) and works in both community-property and equitable-distribution states. The State-Specific Notes section further down the page covers the recitations California, Texas, New York, Florida, and Illinois expect.
PRENUPTIAL AGREEMENT
THIS PRENUPTIAL AGREEMENT (the "Agreement") is made and entered into
this _____ day of ________________, 20____, by and between:
[PARTY 1 FULL LEGAL NAME], residing at [Party 1 Street Address,
City, State, ZIP] ("Party 1"), and
[PARTY 2 FULL LEGAL NAME], residing at [Party 2 Street Address,
City, State, ZIP] ("Party 2"),
collectively referred to as the "Parties."
RECITALS
A. The Parties intend to marry on or about [Planned Wedding Date]
in [Wedding Location / State] (the "Marriage").
B. The Parties desire to define their respective property rights,
income rights, and support obligations during the Marriage and
in the event of separation, divorce, or death, and to opt out
of certain default rules of the state of [Governing Law State]
that would otherwise apply.
C. Each Party has made full and fair disclosure to the other of
their respective premarital assets, debts, income, and
financial obligations, as set forth in Schedule A (Party 1)
and Schedule B (Party 2), each attached hereto and
incorporated herein by reference, together with the supporting
exhibits identified at the foot of each Schedule.
D. Each Party has had the opportunity to retain independent legal
counsel of their own choosing to review this Agreement, and
each Party either has been so represented (as evidenced by the
Certificate of Independent Counsel attached hereto) or has
knowingly waived such representation by separately signed
Waiver of Counsel attached hereto.
E. Each Party enters into this Agreement freely, voluntarily, and
without coercion, duress, or undue influence from the other
Party or any other person.
F. Each Party represents and warrants to the other that the
Schedule attached hereto (and the supporting exhibits
identified therein) is true, accurate, and complete as of the
date of execution; that the Party has not concealed any
material asset, income stream, debt, liability, pending claim,
pending litigation, anticipated inheritance, or pending
material transaction from the disclosure required by Recital
C; and that the Party understands that any later showing of
material concealment is a ground on which a court may set
aside this Agreement under the Uniform Premarital and Marital
Agreements Act (UPMAA) Section 9 or the analogous provision
of the Governing Law State.
G. Each Party acknowledges that they received the final form of
this Agreement, together with the other Party's complete
Schedule and supporting exhibits, not less than thirty (30)
days prior to the date of execution. The Parties have
deliberately adopted a thirty-day review window that exceeds
the seven-day floor of California Family Code Section
1615(c)(2)(A) in order to provide each Party a reasonable
opportunity to review the terms, seek the advice of
independent legal counsel, and consider the consequences of
execution.
NOW, THEREFORE, in consideration of the foregoing recitals and the
mutual covenants set forth below, the Parties agree as follows:
ARTICLE I. DEFINITIONS
1.1 "Separate Property" means all property, real and personal,
owned by either Party prior to the Marriage, as itemized on
Schedule A or Schedule B, together with any property acquired
by either Party during the Marriage by gift, devise, bequest,
or inheritance, and any property characterized as separate
under Article III or Article VI below.
1.2 "Marital Property" means all property, real and personal,
acquired by either Party during the Marriage, other than
Separate Property, and other than property characterized as
separate under any specific provision of this Agreement.
1.3 "Earnings" means salary, wages, bonuses, commissions,
self-employment income, distributions from pass-through
entities, and any other compensation for personal services
earned by either Party during the Marriage.
ARTICLE II. DISCLOSURE OF ASSETS AND LIABILITIES
2.1 Each Party has delivered to the other a full and complete
schedule of premarital assets (including approximate fair
market values), debts (including approximate balances), and
annual income, attached hereto as Schedule A (Party 1) and
Schedule B (Party 2), together with the supporting exhibits
identified at the foot of each Schedule (account statements,
brokerage statements, real estate appraisals or tax-assessor
valuations, business valuations or recent K-1s, retirement-
and deferred-compensation statements, and the most recent
federal income tax return).
2.2 Each Party acknowledges that they have actually received,
reviewed, and understood the other Party's Schedule and
supporting exhibits before signing this Agreement. The
further-disclosure waiver in section 2.3 is expressly
conditioned on actual receipt of the Schedule and exhibits
described in section 2.1; if any required item was not
delivered, no waiver shall be effective as to that item.
2.3 Subject to section 2.2, each Party waives any right to
further disclosure as a condition of enforcement of this
Agreement.
ARTICLE III. SEPARATE PROPERTY OF EACH PARTY
3.1 All Separate Property of each Party, as set forth on
Schedule A or Schedule B, shall remain that Party's Separate
Property during the Marriage and in the event of separation,
divorce, or death, free from any claim by the other Party.
3.2 The character of Separate Property as separate shall not be
altered by the mere fact that title is held jointly, that the
property is used by both Parties, or that the property is
maintained out of marital funds, unless this Agreement
expressly provides otherwise in writing signed by both
Parties.
ARTICLE IV. MARITAL INCOME AND COMMINGLING
4.1 ELECTION (each Party shall initial in the blank to the left
of the chosen alternative):
[_____] [_____] Each Party's Earnings during the Marriage
shall be that Party's Separate Property.
[_____] [_____] All Earnings of both Parties during the
Marriage shall be Marital Property.
[_____] [_____] Each Party shall contribute $[Amount] per
month, or [Percentage]% of monthly Earnings, to a
joint account for shared household expenses; any
remainder is Separate Property.
4.2 Funds deposited into any joint account shall not lose their
character as Separate Property by reason of such deposit alone,
provided that contributions and withdrawals are documented and
the source of funds can be traced. The Party seeking to assert
the separate character of joint-account funds bears the burden
of tracing.
ARTICLE V. APPRECIATION OF SEPARATE PROPERTY
5.1 ELECTION (each Party shall initial in the blank to the left
of the chosen alternative):
[_____] [_____] Appreciation of Separate Property during the
Marriage, whether passive or active, shall remain
Separate Property.
[_____] [_____] Passive appreciation (market growth) shall
remain Separate Property; active appreciation
attributable to the labor of either Party during the
Marriage shall be Marital Property.
[_____] [_____] All appreciation of Separate Property during
the Marriage shall be Marital Property.
ARTICLE VI. GIFTS AND INHERITANCES
6.1 Property received by either Party during the Marriage by
gift, devise, bequest, or inheritance shall be that Party's
Separate Property.
6.2 Gifts between the Parties during the Marriage shall be the
Separate Property of the recipient unless the gift instrument
expressly states otherwise.
ARTICLE VII. REAL PROPERTY ACQUIRED DURING MARRIAGE
7.1 Real property acquired during the Marriage and titled in the
name of one Party only shall be that Party's Separate Property.
7.2 Real property acquired during the Marriage and titled jointly,
including the marital residence, shall be Marital Property,
with each Party owning an equal undivided interest, regardless
of the source of the purchase funds.
ARTICLE VIII. RETIREMENT ACCOUNTS
8.1 The premarital balance of each Party's retirement, pension,
and deferred-compensation accounts, as set forth on Schedule A
or Schedule B, shall remain that Party's Separate Property.
8.2 Contributions made to either Party's retirement, pension, or
deferred-compensation accounts during the Marriage, together
with all growth attributable to such contributions, shall be
Marital Property and shall be divisible upon divorce in
accordance with Article XII.
8.3 Federal-law reservation. The Parties acknowledge that the
Employee Retirement Income Security Act of 1974 (ERISA),
29 U.S.C. Section 1055, requires the written consent of a
participant's spouse for any non-spouse beneficiary
designation under a qualified plan, and that such consent
must be executed during the Marriage with the requisite
notarization or plan-administrator witness. Nothing in this
Agreement constitutes the spousal consent required by ERISA
Section 205. To the extent the property allocations contained
herein purport to assign or waive any right that federal law
reserves to a spouse at the time of beneficiary designation,
the allocations shall be deemed an agreement between the
Parties to execute the post-marriage ERISA-compliant consents
necessary to give effect to those allocations.
ARTICLE IX. BUSINESS INTERESTS
9.1 Each Party's premarital business interests, as set forth on
Schedule A or Schedule B, shall remain that Party's Separate
Property.
9.2 ELECTION (each Party shall initial in the blank to the left
of the chosen alternative) for appreciation of a premarital
business during the Marriage:
[_____] [_____] All appreciation shall remain Separate
Property of the owning Party.
[_____] [_____] Appreciation attributable to the personal
labor or efforts of the owning Party during the
Marriage shall be Marital Property; passive
appreciation (market or external) shall remain
Separate Property.
[_____] [_____] All appreciation shall be Marital Property.
9.3 Goodwill of a premarital business that is personal to the
owning Party (the "Personal Goodwill") shall remain Separate
Property regardless of the election above; enterprise goodwill
shall follow the election in section 9.2.
ARTICLE X. SPOUSAL SUPPORT / ALIMONY
10.1 ELECTION (each Party shall initial in the blank to the left
of the chosen alternative):
[_____] [_____] Standard state law applies. Either Party may
seek spousal support consistent with the law of the
Governing Law State at the time of divorce.
[_____] [_____] Each Party waives all right to spousal
support, alimony, or maintenance from the other in
the event of divorce, regardless of length of
marriage, earning capacity, or contributions during
the Marriage. (See sections 10.3 and 10.4.)
[_____] [_____] Spousal support is limited to $[Amount] per
month for a maximum of [Months] months, or until the
recipient remarries or cohabitates, whichever occurs
first.
[_____] [_____] Spousal support is fixed at $[Amount per Year
of Marriage] per month, for each completed year of
Marriage, payable for a maximum of [Months] months
and capped at $[Total Cap] in the aggregate.
10.2 Any election above is subject to the rule that no waiver or
limitation of spousal support shall be enforced to the extent
that enforcement would render the recipient eligible for
public assistance at the time of divorce.
10.3 If the Parties elected a full waiver in section 10.1, each
Party further acknowledges that the waiver is knowing and
voluntary, made after consultation with independent legal
counsel (or knowing waiver of counsel evidenced by the Waiver
of Counsel attached hereto), and is supported by the property
division and estate rights granted elsewhere in this
Agreement.
10.4 Second-look acknowledgment. The Parties acknowledge that
courts in certain jurisdictions (including, by way of
illustration, California, New Jersey, and New York) reserve
the equitable power to decline enforcement of a spousal-
support waiver if circumstances at the time of divorce render
enforcement unconscionable, even where the waiver was
enforceable at the time of execution. The Parties intend the
elections in section 10.1 to govern to the maximum extent
permitted by the law of the Governing Law State and
understand that the foregoing equitable doctrine may apply.
ARTICLE XI. ESTATE RIGHTS AT DEATH
11.1 Each Party waives any right to take an elective share, forced
share, dower, curtesy, intestate share, family allowance,
exempt property allowance, or homestead allowance from the
estate of the other Party, except as expressly provided in a
will, trust, or beneficiary designation executed after the
date of this Agreement.
11.2 Nothing in this Agreement shall prohibit either Party from
leaving Separate Property or Marital Property to the other by
will, trust, or beneficiary designation, and any such
disposition is voluntary.
11.3 Federal-law reservation. The Parties acknowledge that the
following rights are governed by federal law and cannot be
waived by a prenuptial agreement: (a) Social Security
benefits, including spousal and survivor benefits under 42
U.S.C. Section 402; (b) military retirement and survivor
benefits to the extent governed by the Uniformed Services
Former Spouses' Protection Act, 10 U.S.C. Section 1408; and
(c) ERISA-qualified plan rights, including rights as a
surviving spouse under 29 U.S.C. Sections 1055 and 1056,
which require post-marriage spousal consent at beneficiary
designation. Nothing in section 11.1 shall be construed as a
waiver of any of the foregoing.
ARTICLE XII. DIVISION OF PROPERTY UPON DIVORCE
12.1 ELECTION (each Party shall initial in the blank to the left
of the chosen alternative) for division of Marital Property
in the event of divorce:
[_____] [_____] Equitable distribution per the law of the
Governing Law State.
[_____] [_____] Fifty percent (50%) to each Party.
[_____] [_____] [Custom percentage or formula: _______________
__________________________________________________].
12.2 The marital residence shall be disposed of as follows (each
Party shall initial in the blank to the left of the chosen
alternative):
[_____] [_____] Sold and net proceeds divided as set forth in
section 12.1.
[_____] [_____] The Party with primary physical custody of any
minor children retains the marital residence until
the youngest child reaches majority, at which time
the property is sold and proceeds divided.
[_____] [_____] The higher-earning Party may buy out the
other Party's interest at fair market value within
ninety (90) days of the entry of the divorce decree.
[_____] [_____] Title at the time of divorce controls.
12.3 Each Party shall be solely responsible for any debt incurred
in that Party's individual name during the Marriage, except
for joint debts incurred for the benefit of both Parties,
which shall be divided as set forth in section 12.1.
12.4 Children of the Marriage. Nothing in this Agreement waives,
fixes, limits, prejudges, or otherwise binds either Party or
any court with respect to (a) child support; (b) legal or
physical custody; (c) visitation or parenting time; or (d)
the best-interests-of-the-child standard. All such matters
are reserved to the continuing jurisdiction of the court of
competent jurisdiction at the time the question arises.
ARTICLE XIII. CHOICE OF LAW, FORUM, AND SEVERABILITY
13.1 This Agreement shall be governed by, and construed in
accordance with, the laws of the State of [Governing Law
State], without regard to its conflict-of-laws principles.
13.2 If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid or unenforceable, the
remaining provisions shall continue in full force and effect,
and the invalid provision shall be modified to the minimum
extent necessary to render it enforceable while preserving
the Parties' original intent.
13.3 Forum selection. Any action arising out of or related to this
Agreement, including any action to enforce or set aside any
provision hereof, shall be brought exclusively in the state
or federal courts located in [County, Governing Law State],
and each Party consents to the personal jurisdiction and
venue of such courts and waives any objection based on forum
non conveniens.
13.4 Covenant not to challenge choice of law. Each Party covenants
not to assert in any proceeding that the law of any state
other than the Governing Law State should apply to the
interpretation or enforcement of this Agreement, except to
the extent the Governing Law State's conflict-of-laws or
public-policy rules independently require application of
another state's law.
ARTICLE XIV. ACKNOWLEDGMENTS
14.1 Each Party acknowledges that they have:
(a) Read this Agreement in its entirety and understand its
terms;
(b) Received and reviewed the other Party's financial
disclosure (Schedule A or Schedule B) and the supporting
exhibits identified therein;
(c) Had the opportunity to retain independent legal counsel
of their own choosing, and either retained such counsel
(as evidenced by the Certificate of Independent Counsel
attached hereto) or knowingly waived the right to do so
(as evidenced by the Waiver of Counsel attached hereto);
(d) Entered into this Agreement freely, voluntarily, and
without coercion, duress, or undue influence;
(e) Had not less than thirty (30) days from receipt of the
final form of this Agreement and the other Party's
Schedule to consider this Agreement before signing, and
are signing not less than thirty (30) days prior to the
Marriage. The Parties acknowledge that this thirty-day
floor exceeds the seven-day minimum imposed by
California Family Code Section 1615(c)(2)(A) and is
intended to demonstrate a reasonable opportunity for
review and consultation with counsel.
ARTICLE XV. EFFECTIVE DATE, AMENDMENT, AND MISCELLANEOUS
15.1 This Agreement shall become effective upon the legal
solemnization of the Marriage. If the Marriage does not
occur, this Agreement shall be of no force or effect.
15.2 This Agreement may be amended only by a written instrument
(a postnuptial agreement) signed by both Parties and
notarized in accordance with the law of the Governing Law
State. Oral amendments shall have no effect.
15.3 This Agreement constitutes the entire agreement between the
Parties with respect to its subject matter and supersedes
all prior negotiations, representations, and agreements,
whether oral or written.
15.4 This Agreement may be executed in counterparts, each of
which shall be deemed an original.
15.5 No waiver by conduct. No course of dealing, course of
performance, or failure to insist on strict performance of
any provision of this Agreement shall constitute a waiver of
that provision or any other provision. A waiver shall be
effective only if it is in writing, identifies the specific
provision waived, and is signed by the Party against whom the
waiver is asserted. Without limiting the foregoing, the
deposit of either Party's Earnings into a joint account, the
titling of property jointly, or the use of one Party's
Separate Property by the other Party shall not constitute a
waiver of the elections in Articles IV, V, VII, or IX.
15.6 Electronic signatures. Subject to the law of the Governing
Law State, this Agreement may be executed by electronic
signature under the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. Section 7001 et seq., and
the Uniform Electronic Transactions Act as adopted by the
Governing Law State, and an electronically signed counterpart
shall have the same force and effect as a wet-ink original.
The Parties acknowledge, however, that certain states
(including Texas, under Texas Family Code Section 4.002, and
certain other jurisdictions) require a wet-ink signature for
premarital agreements, in which case the Parties shall
execute the Agreement in wet ink notwithstanding this
section. The notary acknowledgments below shall in all cases
be executed in wet ink in the physical presence of the
notary, unless the Governing Law State has authorized remote
online notarization (RON) for premarital agreements and the
procedures of the RON statute are followed.
IN WITNESS WHEREOF, the Parties have executed this Prenuptial
Agreement on the date first written above.
_______________________________________
[Party 1 Full Legal Name]
Party 1
Date executed: ________________________
_______________________________________
[Party 2 Full Legal Name]
Party 2
Date executed: ________________________
================================================================================
CERTIFICATE OF INDEPENDENT COUNSEL, PARTY 1
================================================================================
I, the undersigned, am a licensed attorney admitted to practice in the
State of [Bar Admission State], Bar Number [Bar Number], and I have been
retained by [Party 1 Full Legal Name] ("Party 1") to advise Party 1 in
connection with the foregoing Prenuptial Agreement (the "Agreement"). I
certify, in connection with my representation of Party 1, the following:
1. I have explained to Party 1 the nature, terms, and legal effect of
the Agreement, including the rights Party 1 would otherwise have
under the law of the Governing Law State in the absence of the
Agreement, and the elections Party 1 has made in Articles IV, V,
IX, X, and XII.
2. I have reviewed with Party 1 the financial disclosure provided by
[Party 2 Full Legal Name] ("Party 2"), including Schedule B and
the supporting exhibits identified therein.
3. I have advised Party 1 of the alternatives to executing the
Agreement and of the federal-law reservations stated in Article
VIII.3 and Article XI.3.
4. Based on my consultation with Party 1, it is my professional
judgment that Party 1 has executed the Agreement knowingly,
voluntarily, and free of coercion, duress, or undue influence.
Executed on this _____ day of ________________, 20____.
_______________________________________
[Counsel for Party 1, Full Name]
[Counsel for Party 1, Bar Number]
[Counsel for Party 1, Firm Name]
[Counsel for Party 1, Firm Address]
[Counsel for Party 1, Telephone]
[Counsel for Party 1, Email]
[USE THIS BLOCK ONLY IF PARTY 1 WAIVED INDEPENDENT COUNSEL. IF PARTY 1
RETAINED COUNSEL, OMIT THE BLOCK BELOW AND HAVE COUNSEL SIGN THE
CERTIFICATE ABOVE.]
================================================================================
WAIVER OF INDEPENDENT COUNSEL, PARTY 1
================================================================================
I, [Party 1 Full Legal Name], being of full age and sound mind, hereby
declare:
1. I have been advised, both by [Party 2 Full Legal Name] and in the
plain text of the foregoing Agreement, of my right to retain
independent legal counsel of my own choosing to review the
Agreement before signing.
2. I have been advised that such counsel would be paid for at my
own expense or, if I am unable to afford counsel, that I may seek
a referral from the state bar's lawyer referral service or apply
for low-cost legal services.
3. I have been provided not less than thirty (30) days from receipt
of the final form of the Agreement to retain such counsel.
4. Notwithstanding the foregoing, I knowingly, voluntarily, and free
of coercion or undue influence elect to waive my right to
independent legal counsel and to execute the Agreement without
such counsel. I understand that this waiver will be relied upon
in any later proceeding to enforce the Agreement.
Executed on this _____ day of ________________, 20____.
_______________________________________
[Party 1 Full Legal Name]
================================================================================
CERTIFICATE OF INDEPENDENT COUNSEL, PARTY 2
================================================================================
I, the undersigned, am a licensed attorney admitted to practice in the
State of [Bar Admission State], Bar Number [Bar Number], and I have been
retained by [Party 2 Full Legal Name] ("Party 2") to advise Party 2 in
connection with the foregoing Prenuptial Agreement (the "Agreement"). I
certify, in connection with my representation of Party 2, the following:
1. I have explained to Party 2 the nature, terms, and legal effect of
the Agreement, including the rights Party 2 would otherwise have
under the law of the Governing Law State in the absence of the
Agreement, and the elections Party 2 has made in Articles IV, V,
IX, X, and XII.
2. I have reviewed with Party 2 the financial disclosure provided by
[Party 1 Full Legal Name] ("Party 1"), including Schedule A and
the supporting exhibits identified therein.
3. I have advised Party 2 of the alternatives to executing the
Agreement and of the federal-law reservations stated in Article
VIII.3 and Article XI.3.
4. Based on my consultation with Party 2, it is my professional
judgment that Party 2 has executed the Agreement knowingly,
voluntarily, and free of coercion, duress, or undue influence.
Executed on this _____ day of ________________, 20____.
_______________________________________
[Counsel for Party 2, Full Name]
[Counsel for Party 2, Bar Number]
[Counsel for Party 2, Firm Name]
[Counsel for Party 2, Firm Address]
[Counsel for Party 2, Telephone]
[Counsel for Party 2, Email]
[USE THIS BLOCK ONLY IF PARTY 2 WAIVED INDEPENDENT COUNSEL. IF PARTY 2
RETAINED COUNSEL, OMIT THE BLOCK BELOW AND HAVE COUNSEL SIGN THE
CERTIFICATE ABOVE.]
================================================================================
WAIVER OF INDEPENDENT COUNSEL, PARTY 2
================================================================================
I, [Party 2 Full Legal Name], being of full age and sound mind, hereby
declare:
1. I have been advised, both by [Party 1 Full Legal Name] and in the
plain text of the foregoing Agreement, of my right to retain
independent legal counsel of my own choosing to review the
Agreement before signing.
2. I have been advised that such counsel would be paid for at my
own expense or, if I am unable to afford counsel, that I may seek
a referral from the state bar's lawyer referral service or apply
for low-cost legal services.
3. I have been provided not less than thirty (30) days from receipt
of the final form of the Agreement to retain such counsel.
4. Notwithstanding the foregoing, I knowingly, voluntarily, and free
of coercion or undue influence elect to waive my right to
independent legal counsel and to execute the Agreement without
such counsel. I understand that this waiver will be relied upon
in any later proceeding to enforce the Agreement.
Executed on this _____ day of ________________, 20____.
_______________________________________
[Party 2 Full Legal Name]
================================================================================
NOTARY ACKNOWLEDGMENT, PARTY 1
================================================================================
STATE OF [STATE] )
) ss.
COUNTY OF [COUNTY] )
On this _____ day of ________________, 20____, before me personally
appeared [Party 1 Full Legal Name], proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the
within instrument, and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the
instrument the person executed the instrument voluntarily.
[If the Governing Law State is New York, substitute the
acknowledgment form required by N.Y. Real Property Law Section
309-a. If the Governing Law State has authorized remote online
notarization for premarital agreements, the procedures of the
applicable RON statute shall be followed in lieu of the foregoing.]
_______________________________________
Notary Public Signature
_______________________________________
Notary Public Printed Name
Commission Number: ____________________
My Commission Expires: ________________
[NOTARY SEAL / STAMP]
================================================================================
NOTARY ACKNOWLEDGMENT, PARTY 2
================================================================================
STATE OF [STATE] )
) ss.
COUNTY OF [COUNTY] )
On this _____ day of ________________, 20____, before me personally
appeared [Party 2 Full Legal Name], proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the
within instrument, and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the
instrument the person executed the instrument voluntarily.
[If the Governing Law State is New York, substitute the
acknowledgment form required by N.Y. Real Property Law Section
309-a. If the Governing Law State has authorized remote online
notarization for premarital agreements, the procedures of the
applicable RON statute shall be followed in lieu of the foregoing.]
_______________________________________
Notary Public Signature
_______________________________________
Notary Public Printed Name
Commission Number: ____________________
My Commission Expires: ________________
[NOTARY SEAL / STAMP]
================================================================================
SCHEDULE A, PARTY 1 FINANCIAL DISCLOSURE
================================================================================
ASSETS (with approximate fair market values as of [Disclosure Date]):
Real Property: $_____________________
Bank and Investment Accounts:$_____________________
Retirement Accounts: $_____________________
Business Interests: $_____________________
Vehicles: $_____________________
Personal Property over $[Threshold]:
$_____________________
Digital Assets / Cryptocurrency:
$_____________________
Intellectual Property: $_____________________
Other: $_____________________
---------------------
TOTAL ASSETS: $_____________________
LIABILITIES (with approximate balances as of [Disclosure Date]):
Mortgages: $_____________________
Student Loans: $_____________________
Auto Loans: $_____________________
Credit Card Debt: $_____________________
Other: $_____________________
---------------------
TOTAL LIABILITIES: $_____________________
APPROXIMATE NET WORTH: $_____________________
ANNUAL INCOME (most recent year):$_____________________
SUPPORTING DOCUMENTS (attached as exhibits and incorporated by
reference; each exhibit shall identify the financial institution,
account number (last four digits), and statement period):
Exhibit A-1: Bank statement(s) for each account listed above
Exhibit A-2: Brokerage / investment account statement(s)
Exhibit A-3: Real estate appraisal(s) or current tax-assessor
valuation(s) for each real property listed above
Exhibit A-4: Business valuation or most recent K-1 / Schedule
C / corporate financial statement for each
business interest listed above
Exhibit A-5: Retirement / pension / deferred-compensation
account statement(s)
Exhibit A-6: Most recent federal income tax return (Form 1040
with all schedules) and W-2 / 1099 forms
Exhibit A-7: [Other supporting document, if any]
================================================================================
SCHEDULE B, PARTY 2 FINANCIAL DISCLOSURE
================================================================================
ASSETS (with approximate fair market values as of [Disclosure Date]):
Real Property: $_____________________
Bank and Investment Accounts:$_____________________
Retirement Accounts: $_____________________
Business Interests: $_____________________
Vehicles: $_____________________
Personal Property over $[Threshold]:
$_____________________
Digital Assets / Cryptocurrency:
$_____________________
Intellectual Property: $_____________________
Other: $_____________________
---------------------
TOTAL ASSETS: $_____________________
LIABILITIES (with approximate balances as of [Disclosure Date]):
Mortgages: $_____________________
Student Loans: $_____________________
Auto Loans: $_____________________
Credit Card Debt: $_____________________
Other: $_____________________
---------------------
TOTAL LIABILITIES: $_____________________
APPROXIMATE NET WORTH: $_____________________
ANNUAL INCOME (most recent year):$_____________________
SUPPORTING DOCUMENTS (attached as exhibits and incorporated by
reference; each exhibit shall identify the financial institution,
account number (last four digits), and statement period):
Exhibit B-1: Bank statement(s) for each account listed above
Exhibit B-2: Brokerage / investment account statement(s)
Exhibit B-3: Real estate appraisal(s) or current tax-assessor
valuation(s) for each real property listed above
Exhibit B-4: Business valuation or most recent K-1 / Schedule
C / corporate financial statement for each
business interest listed above
Exhibit B-5: Retirement / pension / deferred-compensation
account statement(s)
Exhibit B-6: Most recent federal income tax return (Form 1040
with all schedules) and W-2 / 1099 forms
Exhibit B-7: [Other supporting document, if any]What Each Article of the Template Does
Eight grouped Articles cover the substantive elections the future spouses make. The template defaults to the safer option in each Article (separate-property protection, full disclosure, voluntary execution), but the elections in Articles IV, V, IX, X, and XII let the Parties depart from the default where their estate or jurisdiction calls for it.
Article I, II, III: Definitions, Disclosure, Separate Property
Defines Separate Property, Marital Property, and Earnings; incorporates Schedule A and Schedule B financial disclosures; locks each party's premarital assets to remain separate regardless of how they are titled during the marriage.
Article IV, V: Marital Income, Appreciation, Commingling
Elects whether income earned during the marriage is shared or separate; addresses appreciation of separate property; sets a tracing rule for commingled funds so deposits into joint accounts do not silently convert into marital property.
Article VI: Gifts and Inheritances
Treats inheritances and gifts to one spouse as that spouse's separate property by default, with an optional commingling exception for gifts placed into joint accounts.
Article VII, VIII: Real Property and Retirement Accounts
Distinguishes the marital home from each spouse's premarital real estate; addresses how retirement accounts are split between premarital balance, contributions during marriage, and growth.
Article IX: Business Interests
Protects a premarital business as separate property; offers three elections for appreciation of the business during the marriage (separate, marital, or capped formula); addresses goodwill and the non-owner spouse's contribution.
Article X: Spousal Support / Alimony
Four elections: standard state law applies, full alimony waiver, modified schedule (cap by duration or amount), or a fixed formula tied to length of marriage. Includes the independent-counsel acknowledgment some states require to enforce a waiver.
Article XI, XII: Estate Rights and Division Upon Divorce
Waives the elective share at death (with offsetting will or trust provisions referenced); sets the division method on divorce (equitable distribution, fifty-fifty split, or custom formula); addresses the marital home, pet custody, and a non-disparagement clause.
Article XIII, XIV, XV: Choice of Law, Acknowledgments, Effective Date
Selects the governing state law; collects the voluntary-execution, full-disclosure, and independent-counsel acknowledgments that drive enforceability; sets the effective date as the date of marriage and the amendment procedure (postnuptial only).
How to Use the Prenuptial Agreement Template
Six steps from blank template to executed agreement. Steps two and five are where most do-it-yourself prenup templates fail: missing financial schedules and last-week signing, both of which are independent grounds for invalidation under most state prenuptial agreement laws.
- 1
Copy the Template Body
Copy the Prenuptial Agreement Template below into a Word document. The bracketed fields are the only spots that need editing. Keep the Article numbering and the recital block exactly as written.
- 2
Build Schedules A and B (full disclosure)
Each party prepares a complete schedule of premarital assets, debts, income, and approximate net worth. Attach the schedules to the executed agreement as Exhibit A (Party 1) and Exhibit B (Party 2). Concealing an asset is the single most common reason prenuptial agreements are invalidated.
- 3
Make the substantive elections
Walk through Articles IV through XII and select the option for each: separate vs marital income, retirement treatment, business appreciation rule, alimony provision, division method, marital home disposition. Mark the unselected options as not applicable so there is no ambiguity later.
- 4
Each party engages independent counsel
Both future spouses retain their own attorneys for a review pass. Even where state law does not require independent counsel, courts heavily favor agreements where each party had separate representation. For marriages with material assets, a business, or prior children, full attorney drafting through /prenuptial-agreement-lawyer is the safer path.
- 5
Sign at least thirty days before the wedding
Time pressure is the second most common invalidation theory. Sign at least thirty days before the ceremony, and ideally sixty or more. California imposes a hard seven-day waiting period between final agreement presentation and signing; treat that as the absolute floor, not the target.
- 6
Notarize both signatures and attach the schedules
Both parties sign in front of a notary public; the notary completes the acknowledgment block. Physically attach Schedule A and Schedule B to the executed agreement as Exhibits. Keep one original for each party plus one for the drafting attorney; some couples also deposit a copy with the law firm that drafted it.
State-Specific Prenuptial Agreement Drafting Notes
The Template Body above is structured to satisfy the Uniform Premarital Agreement Act (UPAA, 1983), which twenty-eight states have adopted in some form, and the Uniform Premarital and Marital Agreements Act (UPMAA, 2012), which a smaller group of states has adopted. The notes below cover ten of the most-litigated jurisdictions across four doctrinal flavors (UPAA, UPMAA, the New York and California statutory regimes, and the Pennsylvania, Ohio, and Georgia common-law standards) plus the special rules for the nine community-property states where the Article IV election is decisive. Each per-state card links to a state-tuned downloadable template that substitutes the controlling statute and default-division citations throughout the body.
California
Family Code section 1615(c) imposes a hard seven-day waiting period between presenting the final agreement and signing, and section 1612(c) requires independent legal counsel for any spousal support waiver to be enforceable. California is a community-property state, so the default rule treats income earned during marriage as community property unless the agreement opts out. Use the Article IV election to override the default; do not leave it silent.
View California-tuned templateTexas
Texas Family Code Chapter 4 adopts the Uniform Premarital Agreement Act with minimal modifications. Texas is a community-property state, and the agreement should specifically address whether the appreciation of separate property during the marriage remains separate (Texas default) or becomes community. Texas Family Code Section 4.002 requires the agreement be signed in writing; under Texas practice the signing is in wet ink notwithstanding any electronic-signature opt-in.
View Texas-tuned templateNew York
Domestic Relations Law section 236(B)(3) requires prenuptial agreements to be in writing, subscribed by both parties, and acknowledged with the formality required to record a deed (notarization in the form required by N.Y. Real Property Law section 309-a). New York is an equitable-distribution state, so the default split on divorce is not fifty-fifty; Christian v. Christian and Bloomfield v. Bloomfield supply the unconscionability and disclosure standards.
View New York-tuned templateFlorida
Florida Statutes section 61.079 adopts the Uniform Premarital Agreement Act. Florida courts invalidate agreements where a party did not have a fair opportunity to consult counsel or where the disclosure was less than fair and reasonable; Casto v. Casto, 508 So. 2d 330 (Fla. 1987), establishes the burden-shifting framework. Florida is an equitable-distribution state under section 61.075; notarization is required for enforceability under section 61.079(4).
View Florida-tuned templateIllinois
Illinois Marriage and Dissolution of Marriage Act section 503 and the Illinois Uniform Premarital Agreement Act (750 ILCS 10) govern. Illinois enforces alimony waivers under 750 ILCS 10/7 as long as they do not leave a spouse eligible for public assistance at the time of divorce; the agreement should include a hardship savings clause voiding the waiver to the extent enforcement would produce that outcome.
View Illinois-tuned templateNorth Carolina
North Carolina has adopted the Uniform Premarital Agreement Act at N.C. Gen. Stat. sections 52B-1 through 52B-11. Section 52B-3 requires a writing signed by both parties and voluntary execution; section 52B-7 governs unconscionability at execution. North Carolina is an equitable-distribution state (N.C. Gen. Stat. sections 50-20 and 50-21). Section 52B-4(b) bars the agreement from adversely affecting a child's right to support.
View North Carolina-tuned templatePennsylvania
Pennsylvania has not adopted the Uniform Premarital Agreement Act. Premarital agreements are enforced under the common-law standard from Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990), which abandoned the prior reasonableness review in favor of ordinary contract principles, subject to a full-and-fair-disclosure requirement. Pennsylvania is an equitable-distribution state under 23 Pa. C.S. sections 3501 through 3508.
View Pennsylvania-tuned templateOhio
Ohio has not adopted the Uniform Premarital Agreement Act. Antenuptial agreements are enforced under the three-prong test from Gross v. Gross, 11 Ohio St. 3d 99 (1984): free entry without fraud, duress, coercion, or overreaching; full disclosure or full knowledge of the other party's financial situation; and terms that do not promote or encourage divorce. Ohio is an equitable-distribution state under Ohio Revised Code section 3105.171.
View Ohio-tuned templateGeorgia
Georgia has not adopted the Uniform Premarital Agreement Act. Antenuptial agreements are enforced under the seven-factor analysis of Scherer v. Scherer, 249 Ga. 635 (1982): absence of fraud, duress, mistake, or misrepresentation; the agreement is not unconscionable; and facts and circumstances have not so changed since execution as to make enforcement unfair and unreasonable. Georgia is an equitable-distribution state under O.C.G.A. section 19-3-30 et seq.
View Georgia-tuned templateNew Jersey
New Jersey enforces premarital agreements under the Uniform Premarital and Pre-Civil Union Agreement Act, N.J.S.A. 37:2-31 through 37:2-41. The 2013 amendments to section 37:2-38 removed the prospective-unconscionability second-look for agreements executed after June 27, 2013. New Jersey is an equitable-distribution state under N.J.S.A. 2A:34-23.1; DeLorean v. DeLorean, 211 N.J. Super. 432 (Ch. Div. 1986), supplies the pre-2013 disclosure framework.
View New Jersey-tuned templateCommunity-Property States
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin treat income and property acquired during marriage as community property by default. In all nine states, the Article IV election in the Template Body is the most consequential clause: silence on income characterization means the community-property default controls. Always make the election explicitly.
Ten-Item Prenup Enforceability Checklist
A prenuptial agreement is only as enforceable as the procedural protections at signing. Walk through these ten items before either Party signs. Missing items are the most common reasons agreements get voided years later in divorce court.
- Schedule A and Schedule B (financial disclosures) are physically attached as Exhibits to the executed agreement, not referenced and missing
- Each party signed a written acknowledgment that they received and reviewed the other party's financial schedule before signing
- Each party either had independent legal counsel or signed a written waiver of counsel after being advised of the right to retain one
- The agreement was signed at least thirty days before the wedding (sixty or more is the safer practice)
- California: the seven-day waiting period between final presentation and signing under Family Code section 1615(c) was observed
- Both signatures were notarized; the notary acknowledgment block is complete with venue, commission number, and expiration date
- No substantive changes were made between the version each party's counsel reviewed and the version that was signed
- The agreement includes a severability clause so a single unenforceable provision does not invalidate the remainder
- Alimony waivers (if any) include the additional acknowledgment that the waiver was knowing and voluntary after independent counsel review
- The amendment Article specifies that any modification after marriage must be in writing, signed, and notarized (a postnuptial agreement)
Remote online notarization
Most states now authorize remote online notarization, where the Parties and notary appear by audio-video. Prenuptial agreements notarized remotely are generally enforceable, but some jurisdictions (notably New York for matrimonial filings) prefer in-person acknowledgment. Confirm the receiving divorce court accepts remote notarization before booking the session.
Common Drafting Mistakes That Invalidate Prenuptial Agreements
Six recurring drafting errors that invalidate otherwise well-structured premarital agreements. The Template Body above is designed to avoid all six by default; the warnings below explain how each mistake creeps back in during the do-it-yourself adaptation process.
Signing inside the two-week window before the wedding
The single most common invalidation theory. Courts treat short-fuse signing as inherently coercive: the disadvantaged party either signs or cancels a wedding with deposits already paid. Always sign at least thirty days before the wedding, and document the date the draft was first exchanged.
Skipping or padding the financial disclosure schedules
A prenuptial agreement without attached Schedule A and Schedule B is a prenuptial agreement waiting to be voided. Disclose every asset over a meaningful threshold, every debt, and the approximate net worth. Best practice: attach two or three years of tax returns plus a current brokerage statement.
One party has counsel, the other does not
Several states (California most prominently) require independent counsel for alimony waivers. Even where state law does not require it, the lack of counsel for one party is a factor on every unconscionability challenge. Each party should retain their own attorney for at least a review pass before signing.
Using a generic out-of-state template without state-specific recitations
A template that works in a common-law equitable-distribution state may produce surprising results in a community-property state where silence on income characterization defaults to shared ownership. The State-Specific Notes above cover the most common variations.
Lifestyle clauses, infidelity clauses, and child-custody terms
Most courts refuse to enforce lifestyle clauses (weight, frequency of intimacy, social media conduct) as against public policy. Child-custody and child-support terms are unenforceable by statute in nearly every state because the controlling standard is the child's best interest at the time of the divorce, not the parties' pre-marriage preference. Keep the agreement to financial terms only.
Oral modifications after marriage
Any change after marriage must be in writing, signed by both parties, and notarized (a postnuptial agreement). Oral agreements to disregard a prenup are not enforceable in any state. Build the amendment Article into the original so the postnuptial procedure is unambiguous.
Frequently Asked Questions About Prenup Templates
Aligned to the People Also Ask box for prenuptial agreement template, prenup template free, prenuptial agreement form, and prenuptial agreement sample.
Can I write my own prenuptial agreement?
Where can I get a prenuptial agreement form?
What should be included in a prenuptial agreement?
Are free prenuptial agreement templates legally binding?
Do I need a lawyer to draft a prenup?
How do you draft a prenuptial agreement?
What makes a prenuptial agreement invalid?
How long before the wedding should a prenup be signed?
Want an Attorney to Draft the Prenuptial Agreement For You?
Send the matter facts, both parties' rough financial pictures, the planned wedding date, and the state of residence. A family-law attorney drafts the agreement, builds the Schedule A and Schedule B disclosures, and walks each party through the independent counsel and timing procedures before either signs.