Prenuptial Agreement Template, Free Download 2026
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When Do You Need a Prenuptial Agreement?
You or your fiance own significant pre-marital assets, a home, investments, retirement accounts, or a business, and you want to clearly define them as separate property that will not be subject to division in a divorce, rather than risking commingling that could convert them to marital property under your state's equitable distribution or community property laws.
One or both partners are entering the marriage with substantial student loans, credit card debt, business debts, or tax obligations, and you want a written agreement confirming that each spouse's pre-marital debts remain their individual responsibility and cannot be pursued against the other spouse's assets.
You own a family business, professional practice, or hold equity in a startup, and you need to protect the business from being divided, valued, or awarded to your spouse in a divorce proceeding. A prenuptial agreement can establish that the business and its appreciation in value remain separate property.
You have children from a prior relationship and want to preserve specific assets or inheritance rights for them, preventing those assets from becoming part of the marital estate that could be claimed by a new spouse. This is particularly important when coordinating with an existing living trust form or estate plan.
You and your partner want to establish clear financial expectations before marriage, how household expenses will be shared, whether joint accounts will be maintained, how property acquired during the marriage will be titled and managed, and what happens financially if the marriage ends through divorce or death. Our document review legal help can evaluate your prenup for enforceability gaps before you sign.
One partner is significantly wealthier than the other, and both parties want a transparent agreement that protects the wealthier spouse's assets while also providing fair financial provisions for the less wealthy spouse, such as spousal support, a lump-sum payment, or property settlement in the event of divorce.
What Should a Prenuptial Agreement Include?
Full Financial Disclosure Schedules
Attach complete, honest financial disclosure schedules listing each party's assets, liabilities, income, and expenses as of the date of the agreement. Courts require full disclosure as a condition of enforceability, a prenup executed without adequate financial transparency can be set aside as unconscionable. Each spouse should list real property, bank accounts, investment accounts, retirement accounts, business interests, vehicles, valuable personal property, and all debts.
Separate Property Classification
Identify all assets each party brings into the marriage that will remain their separate property regardless of what happens during the marriage. This includes pre-marital assets, expected inheritances, gifts received from third parties, and any income, appreciation, or proceeds generated by separate property. Clearly distinguishing separate from marital property is the core function of most prenuptial agreements.
Marital Property Treatment
Define how property acquired during the marriage will be classified and divided. Options include treating all marital earnings as community property (shared equally), as equitable property (divided fairly but not necessarily equally), or maintaining separate ownership of each spouse's earnings. Address specific categories including real property purchased during the marriage, joint investments, retirement contributions made during the marriage, and property purchased with commingled funds.
Spousal Support (Alimony) Provisions
Specify whether spousal support will be paid in the event of divorce and, if so, the amount, duration, and conditions. Options range from a complete waiver of alimony to a predetermined formula based on the length of the marriage and income differential. Be cautious: courts in many states will not enforce alimony waivers that leave one spouse destitute or on public assistance under the Uniform Premarital Agreement Act, so include minimum provisions that a court would consider fair.
Business Interest Protection
If either party owns a business, include specific provisions addressing the classification of the business as separate property, whether the non-owner spouse has any claim to business appreciation during the marriage, how the business will be valued if valuation becomes necessary, and whether the non-owner spouse waives any right to participate in business operations or management decisions. This protection is especially important for partnerships with LLC operating agreements that may restrict ownership transfers.
Debt Allocation
Specify how pre-marital and marital debts will be allocated between the spouses. Common provisions include each spouse retaining responsibility for their own pre-marital debts, sharing responsibility for joint debts incurred during the marriage, and establishing rules about who is responsible for debts incurred individually during the marriage (such as credit cards in one spouse's name only).
Estate and Inheritance Rights
Address each spouse's rights to the other's estate upon death. While most states provide a surviving spouse with an elective share (typically one-third to one-half of the estate), a prenuptial agreement can modify or waive these rights. Coordinate these provisions with each party's will and any existing trust documents to avoid conflicts between the prenup and the estate plan.
Sunset Clause and Amendment Provisions
Include provisions specifying whether the agreement has a sunset date (automatically expires after a certain number of years of marriage), how the agreement can be amended or revoked (typically requiring a written amendment signed by both parties), and whether the terms change based on the length of the marriage or the birth of children.
Legal Details: Key Clauses in a Prenuptial Agreement
Purpose and Recitals
This Prenuptial Agreement (the "Agreement") is entered into by _________________________ ("Party A") and _________________________ ("Party B"), who contemplate marriage and wish to define their respective rights and obligations regarding property, debts, spousal support, and other financial matters during the marriage and in the event of its dissolution by death, divorce, or legal separation.
The Parties enter into this Agreement voluntarily, without coercion or duress, after full and fair disclosure of each Party’s financial condition, and with each Party having had adequate opportunity to consult with independent legal counsel of their choosing. This Agreement is intended to be enforceable under the Uniform Premarital Agreement Act or applicable state law.
Definitions
"Separate Property" means all assets, property, and interests owned by either Party prior to the marriage, as well as any property acquired during the marriage by gift, inheritance, or bequest to one Party alone, and all income, appreciation, and proceeds derived from such property, whether or not commingled with marital assets, unless otherwise provided herein.
"Marital Property" means all property acquired by either or both Parties during the marriage through joint effort, joint funds, or as a result of the marital relationship, excluding Separate Property as defined above. In the event of a dispute, the Party claiming property as Separate Property shall bear the burden of proof by clear and convincing evidence.
Separate Property Rights
Each Party’s Separate Property, as identified in Schedule A (Party A) and Schedule B (Party B), shall remain the sole and exclusive property of that Party during the marriage and upon its dissolution. Neither Party shall acquire any right, title, or interest in the other’s Separate Property by reason of the marriage, except as expressly provided in this Agreement.
Each Party shall have the right to manage, control, sell, transfer, encumber, or dispose of their Separate Property without the consent of the other Party. Separate Property shall not be subject to division upon divorce, separation, or death, and each Party waives any claim to the other’s Separate Property under equitable distribution, community property, or any other legal theory.
Marital Property
Property acquired during the marriage with joint funds or through the joint efforts of both Parties shall be Marital Property. In the event of divorce, Marital Property shall be divided equitably between the Parties, taking into account the duration of the marriage, each Party’s contributions (financial and non-financial), and such other factors as the Parties may agree or a court may determine.
The Parties may convert Separate Property to Marital Property by written agreement signed by both Parties specifying the property to be converted. Absent such written agreement, the use of Separate Property for marital purposes shall not change its character, provided adequate tracing documentation is maintained.
Income and Earnings During Marriage
All income earned by either Party during the marriage from employment, business operations, or professional services shall be [Separate Property of the earning Party / Marital Property / allocated as follows: _____% to the earning Party as Separate Property and _____% to the marital estate]. Income from investments of Separate Property shall retain the character of Separate Property unless otherwise agreed in writing.
The Parties shall maintain [joint / separate / both joint and separate] bank accounts during the marriage. Contributions to joint accounts shall be deemed Marital Property. Each Party shall contribute to household expenses in proportion to their respective incomes or as otherwise mutually agreed.
Debts and Liabilities
Each Party shall be solely responsible for all debts and liabilities incurred in their individual name prior to the marriage, as set forth in Schedule C. Neither Party shall assume any obligation for the other’s pre-marital debts. Debts incurred jointly during the marriage shall be allocated equitably upon dissolution, and each Party shall indemnify the other against liability for individually-allocated debts.
Neither Party shall incur any debt that may become a charge against the other Party’s Separate Property without prior written consent. Joint debts during the marriage shall require the written agreement of both Parties, except for reasonable household expenses incurred in the ordinary course.
Spousal Support / Alimony Provisions
In the event of divorce, the Parties agree to the following spousal support arrangement: [Option A: Each Party waives any right to spousal support; OR Option B: The higher-earning Party shall pay to the other Party spousal support of $__________ per month for a period of ______ months per year of marriage, up to a maximum of ______ months.] The Parties acknowledge that this provision was negotiated fairly with full knowledge of each other’s financial circumstances.
The spousal support provisions shall [survive / not survive] as an independent contractual obligation and shall [be / not be] subject to modification by the court. If any provision is found unconscionable at the time of enforcement, the court may modify such provision to the minimum extent necessary.
Property Division Upon Divorce
Upon divorce, the Parties’ property shall be divided as follows: (a) each Party shall retain their Separate Property; (b) Marital Property shall be divided equitably as provided herein; and (c) the marital residence, if owned jointly, shall be [sold with proceeds divided equally / retained by Party _______ subject to equalization payment]. Each Party waives any claim to equitable distribution or elective share rights inconsistent with this Agreement.
Death Benefits and Estate Rights
In the event of the death of either Party during the marriage, the surviving Party shall receive [the share provided under the deceased Party’s will or trust / the statutory elective share / $__________ or _____% of the estate, whichever is greater]. Except as expressly provided herein, each Party waives all rights to the other’s estate, including the elective share, dower, curtesy, homestead, family allowance, and exempt property.
Each Party agrees to execute and maintain a will, trust, or beneficiary designation consistent with the provisions of this Agreement. Nothing in this Agreement shall prevent either Party from providing for the other in their estate plan in excess of the amounts specified herein.
Financial Disclosure
Each Party represents and warrants that they have made a full, complete, and accurate disclosure of their financial condition, including all assets, liabilities, income, and expenses, as set forth in the Financial Statements attached as Schedules A, B, and C. Each Party acknowledges having received, reviewed, and understood the other’s financial disclosure.
Each Party acknowledges that this Agreement is fair and reasonable and is not the product of fraud, duress, overreaching, or undue influence. Each Party has either consulted with independent legal counsel or has voluntarily and knowingly waived the right to do so. The failure of either Party to make full disclosure may render this Agreement voidable.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of _____________, including the Uniform Premarital Agreement Act to the extent adopted. If the Parties relocate to another state, this Agreement shall remain enforceable to the extent permitted by the laws of such new state, and any unenforceable provision shall be reformed to the maximum extent permissible.
General Provisions
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, whether oral or written. This Agreement may be amended or revoked only by a written instrument signed by both Parties, either before or after the marriage.
If any provision is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Parties shall execute any documents reasonably necessary to carry out the purposes of this Agreement. All notices shall be in writing and delivered personally or by certified mail.
Signature Requirements
E-Signature Valid · Notarization Recommended
Prenuptial agreements accept e-signatures. Notarization is strongly recommended and required in some states for enforceability.
Some states require notarization. Independent legal counsel for both parties is strongly recommended for enforceability.
Related Family Law Templates
A prenuptial agreement is often used alongside other family law documents. Depending on your situation, you may also need:
How to Fill Out a Prenuptial Agreement
Complete Financial Disclosure for Both Parties
Before drafting any substantive terms, both parties must prepare full financial disclosure schedules. List every asset, debt, income source, and financial obligation for each person. Attach supporting documentation, account statements, property appraisals, business valuations, and tax returns. Incomplete disclosure is the single most common reason courts invalidate prenuptial agreements, so err on the side of over-disclosure.
Classify Separate and Marital Property
Working from the financial disclosures, identify which assets each party considers separate property and how you will classify property acquired during the marriage. Address specific scenarios: What happens if separate property appreciates in value? What if marital funds are used to improve separate property? What if one spouse contributes to the other's retirement account? Clear answers to these questions prevent the most common prenup disputes.
Negotiate Spousal Support Terms
Discuss and agree upon alimony provisions that both parties consider fair and that a court would likely enforce. Consider a sliding scale based on the length of the marriage, for example, no alimony if divorced within the first 3 years, and increasing support for longer marriages. Factor in each spouse's earning capacity, career sacrifices made for the marriage, and the standard of living established during the marriage.
Draft Business and Debt Provisions
If either party owns a business, negotiate and document how the business will be treated, as separate property, with or without claims to marital appreciation. Establish a valuation methodology (book value, fair market value, or a formula) that will be used if the business must be valued in a divorce. Address each party's pre-marital debts and establish rules for debt incurred during the marriage.
Coordinate with Estate Planning Documents
Align the prenuptial agreement's death-related provisions with each party's existing estate plan. If the prenup modifies or waives the surviving spouse's elective share, ensure your will, living trust, beneficiary designations, and other estate documents reflect the same intent. Inconsistencies between a prenup and estate plan create expensive litigation after death.
Ensure Independent Legal Review and Proper Execution
Each party should retain their own independent attorney to review the agreement, having separate counsel is one of the strongest factors supporting enforceability. Sign the agreement well in advance of the wedding date (at least 30 days, preferably 60-90 days) to defeat claims of duress or coercion. Have the agreement notarized and, in states that require it, witnessed. Both parties should sign a statement confirming they entered the agreement voluntarily with full knowledge of the other party's finances.
Free Template vs Custom Prenuptial Agreement
| Feature | Free Template | Custom (AI or Attorney) |
|---|---|---|
| Basic <strong>separate property</strong> and <strong>marital property</strong> classification (printable) | ||
| Financial disclosure schedule templates | ||
| State-specific enforceability requirements<strong>Community property</strong> vs. equitable distribution rules vary | - | |
| Spousal support formulas and sliding scale provisions | - | |
| Business valuation and protection provisionsEssential for business owners | - | |
| Estate rights coordination and waiver provisions | - | |
| Sunset clause and amendment framework | - | |
| Attorney-reviewed enforceability assessmentBoth parties should have independent counsel | - |
Key Facts About Prenuptial Agreement Documents
Prenuptial agreement defines property rights before marriage.
Prenup requires full financial disclosure by both parties.
Unconscionable terms can invalidate a prenuptial agreement.
State law governs prenup enforceability standards.
Prenup can waive or limit spousal support obligations.
Key Legal Terms in a Prenuptial Agreement
When a Free Template Is Not Enough
Free templates cover standard situations, but a professionally drafted prenuptial agreement accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted prenuptial agreement with a custom quote based on your situation.
Prenuptial Agreement Template FAQ
What is a prenuptial agreement?
Are prenuptial agreements enforceable?
When should you sign a prenuptial agreement?
Can a prenup be overturned in court?
What cannot be included in a prenuptial agreement?
Do both parties need a lawyer for a prenup?
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