Prenuptial Agreement Generator
Generate a professional prenuptial agreement customized for your state. AI-powered with optional attorney review, covering all 50 U.S. jurisdictions.
Prenuptial Agreement Generator
AI-powered · Attorney review option · All 50 states
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.
How Our Prenuptial Agreement Generator Works
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What Is a Prenuptial Agreement?
A prenuptial agreement - commonly referred to as a prenup - is a legally binding contract entered into by two individuals before marriage that establishes the rights and obligations of each spouse regarding property, debts, spousal support, and financial matters in the event of divorce, separation, or death. Rather than relying on default state laws governing property division and alimony that would apply during a divorce settlement, a prenup allows the couple to create their own financial framework that reflects their specific circumstances, assets, and priorities.
Prenuptial agreements are governed primarily by state law, with the majority of states having adopted some version of the Uniform Premarital Agreement Act (UPAA) or its successor, the Uniform Premarital and Marital Agreements Act (UPMAA). These uniform laws establish baseline requirements for enforceability, including voluntary execution, financial disclosure, and procedural fairness. However, significant variations exist between states - particularly between community property jurisdictions (like California, Texas, and Arizona) and equitable distribution jurisdictions (like New York, Florida, and Illinois) - which directly affect what a prenup must address and how it will be interpreted.
The scope of a prenuptial agreement extends beyond simple asset protection for wealthy individuals. Prenups are increasingly used by couples entering second marriages with children from prior relationships, business owners seeking to protect their company from division, individuals with significant student loan or other premarital debt, and couples who want to define financial expectations and responsibilities during the marriage itself. A well-drafted prenup can address the characterization of property acquired during marriage, allocation of income and expenses, management of joint and separate accounts, and treatment of appreciation on premarital assets.
Despite their practical utility, prenuptial agreements cannot address every aspect of marriage. Courts universally refuse to enforce prenup provisions that attempt to predetermine child custody or child support, as those matters must be decided based on the child's best interests at the time of the determination. Provisions that incentivize divorce, impose penalties for personal behavior, or are unconscionable at the time of enforcement may also be struck down. Understanding these boundaries is essential to drafting a prenup that will withstand judicial scrutiny.
Why You Need a Prenuptial Agreement
You are entering marriage with significant premarital assets - such as real estate, investments, retirement accounts, or an inheritance - and want to ensure those assets remain your separate property and are not subject to division in the event of divorce, regardless of how your state's default property division laws would otherwise characterize them.
You own a business or professional practice and need to protect it from division or forced sale upon divorce. Without a prenup, your spouse may be entitled to a share of the business's value - including appreciation during the marriage - which could require liquidating business assets, taking on debt, or accepting a new co-owner to satisfy the equitable distribution requirement.
You are entering a second or subsequent marriage with children from a prior relationship and want to ensure that specific assets are preserved for your children's inheritance rather than passing to your new spouse under state intestacy or elective share laws. A prenup allows you to balance your obligations to your new spouse with your estate planning commitments to your children, and can simplify any future divorce settlement process by having property classification already established.
One or both partners carry significant debt - such as student loans, business debt, or tax obligations - and you want to establish clear boundaries preventing one spouse's premarital debt from becoming a joint obligation or from being satisfied out of the other spouse's separate assets during the marriage.
You and your partner have different financial philosophies or income levels and want to proactively define expectations around financial management, savings, spending, and support obligations rather than leaving those issues to default legal rules and courtroom disputes if the marriage ends.
Related Family Law Documents
Prenuptial Agreement is often used alongside other family law documents. Depending on your situation, you may also need:
Key Sections in a Prenuptial Agreement
Complete Financial Disclosure Schedule
Both parties must provide a full and accurate disclosure of their assets, liabilities, income, and financial obligations as an exhibit to the prenuptial agreement. This schedule serves as the factual foundation for the agreement's property provisions and is the single most critical enforceability requirement. Inadequate or fraudulent disclosure is the most common ground for invalidating a prenup.
Separate Property and Marital Property Classification
Defines which assets and debts each spouse brings into the marriage as separate property and establishes rules for how property acquired during the marriage will be classified. This section should address the treatment of commingled assets, appreciation on separate property, inheritances received during marriage, and income generated by separate property - issues that vary significantly between community property and equitable distribution states.
Spousal Support and Alimony Provisions
Specifies whether either spouse will be entitled to spousal support (alimony) in the event of divorce, and if so, the amount, duration, and conditions. Some prenups waive alimony entirely, while others establish a formula based on the length of the marriage or other factors. Courts in some states retain the power to override alimony waivers if enforcement would leave one spouse destitute or on public assistance.
Business Interest Protection
Addresses the treatment of business interests owned by either spouse before or during the marriage, including valuation methods, the non-owner spouse's interest in business appreciation during the marriage, and restrictions on the division or forced sale of business assets upon divorce. This section is critical for entrepreneurs, professional practice owners, and individuals with equity in family businesses.
Estate and Death Provisions
Establishes each spouse's rights to the other's estate upon death, including whether either spouse waives their statutory elective share - the minimum inheritance guaranteed to surviving spouses under state law. These provisions must be coordinated with each spouse's overall estate plan, including wills, trusts, and beneficiary designations.
Sunset Clause and Modification Provisions
A sunset clause causes the prenuptial agreement (or specific provisions within it) to expire after a certain number of years of marriage, reflecting the couple's expectation that after a long marriage, the agreement may no longer be appropriate. This section also establishes the process for modifying the prenup during marriage, which typically requires a written postnuptial agreement signed by both spouses.
Prenuptial Agreement Legal Requirements
Under the UPAA (adopted in some form by approximately 28 states), a prenuptial agreement must be in writing, signed by both parties, and executed voluntarily. Enforcement requires either that the challenging party had adequate financial disclosure, waived disclosure rights, or had independent knowledge of the other party's finances. The agreement cannot be unconscionable at the time of execution when combined with inadequate disclosure.
Full financial disclosure is a fundamental requirement in virtually all jurisdictions. Both parties must provide a complete and accurate accounting of their assets, liabilities, income, and financial obligations. The disclosure typically takes the form of a sworn financial affidavit or detailed schedule attached as an exhibit to the agreement. Failure to disclose material financial information is grounds for invalidation.
Several states, including California, require each party to have independent legal representation or execute a specific waiver of the right to counsel. California Family Code Section 1615 additionally requires a seven-day waiting period between when a party first receives the final agreement and when they sign it, creating a mandatory cooling-off period to ensure voluntary execution.
Prenuptial agreements cannot determine child custody, visitation schedules, or child support amounts, as courts retain exclusive jurisdiction over these matters based on the best interests of the child at the time of the determination. Any provisions addressing child-related matters will be severed as unenforceable.
Community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) apply different default rules than equitable distribution states, and the prenup must specifically address the transmutation of community property rights. In community property states, all income earned during the marriage is presumptively community property, which requires explicit prenup provisions to overcome.
State-by-State Prenuptial Agreement Requirements
Prenuptial Agreement requirements vary significantly across U.S. states. Each jurisdiction imposes different rules regarding required language, notarization, witness requirements, filing procedures, and enforceability standards. Our generator automatically applies state-specific provisions to ensure your document complies with the laws of your jurisdiction.
Select your state in the generator above to see the specific requirements that apply to your prenuptial agreement. Our database of state-specific legal provisions is maintained and updated by licensed attorneys.
View state-specific prenuptial agreement templatesCommon Prenuptial Agreement Mistakes to Avoid
Presenting the prenup to the other party days or hours before the wedding, which creates a duress argument that can invalidate the entire agreement. Courts closely scrutinize the timing and circumstances of execution, and a prenup signed under time pressure or emotional coercion is vulnerable to challenge. Best practice is to begin negotiations at least 30 to 60 days before the wedding.
Failing to provide complete and accurate financial disclosure, which is the single most common basis for courts to invalidate prenuptial agreements. Both parties must disclose all assets, debts, income sources, and financial obligations. Hidden assets, undervalued property, or omitted liabilities constitute fraud that can void the agreement regardless of its other terms.
Including provisions about child custody, child support, or parenting arrangements, which courts will not enforce because those matters must be determined based on the children's best interests at the time of the proceeding. Including unenforceable provisions can undermine the credibility of the entire agreement and may prompt a court to scrutinize other provisions more critically.
Having both parties represented by the same attorney or having one party proceed without independent legal counsel. While not all states require each party to have separate legal representation, the absence of independent counsel significantly increases the risk that a court will find the agreement was not entered into voluntarily and with adequate understanding of its consequences.
Drafting the agreement with terms so one-sided or unconscionable that a court could refuse to enforce it at the time of divorce. While courts generally respect the parties' freedom to contract, provisions that would leave one spouse destitute while the other retains vast wealth - particularly after a long marriage with children - are vulnerable to invalidation on unconscionability grounds.
Frequently Asked Questions About Prenuptial Agreements
What is a prenuptial agreement?
How much does a prenuptial agreement cost?
Are prenuptial agreements enforceable?
What should be included in a prenup?
Can a prenup be overturned in court?
When should you get a prenup?
Does a prenup protect future assets?
What makes a prenuptial agreement invalid?
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Reviewed by licensed attorneys · Editorial policy · Last updated March 2026
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