THE MOST IMPORTANT DOCUMENT YOU'LL SIGN BEFORE THE WEDDING.
A prenuptial agreement isn't about distrust. It's about clarity. Here's everything you need to know before you put a ring on it.
What Is a Prenuptial Agreement?
A prenuptial agreement (prenup) is a legal contract signed by two people before marriage. It outlines how assets, debts, and property will be divided if the marriage ends in divorce, separation, or death.
Contrary to popular belief, prenups aren't just for the ultra-wealthy. If you own property, have a business, hold investments, or expect an inheritance — a prenup protects what you've built and what you stand to gain.
Without one, your state's divorce laws decide everything. And those laws may not be in your favor.
What to Include in Your Prenup
Separate vs. Marital Property
Clearly define which assets you're bringing into the marriage and which will remain yours alone — real estate, vehicles, savings accounts, and investments.
Business Interests
If you own or co-own a business, your prenup should specify that your spouse has no claim to equity, profits, or ownership in the event of divorce.
Debt Allocation
Specify who is responsible for pre-marital debts. Without this, you could be on the hook for your spouse's student loans, credit card debt, or other liabilities.
Spousal Support Limits
You can cap or waive alimony payments in a prenup, depending on your state. This can save you tens of thousands of dollars in a divorce.
Inheritance Protections
If you expect to receive an inheritance, your prenup can ensure it stays in your family and doesn't become marital property.
Financial Responsibilities During Marriage
Outline how bills, savings, and expenses will be handled during the marriage — reducing financial conflict before it starts.
Costly Mistakes Men Make
Waiting Too Long
A prenup signed days before the wedding can be challenged as signed under duress. Start the process at least 3–6 months before the wedding.
Using One Attorney for Both
Both parties should have independent legal counsel. A prenup where only one side had representation is far easier to invalidate in court.
Incomplete Financial Disclosure
Full financial disclosure is required. If you hide assets and it's discovered later, the entire agreement can be thrown out.
Including Non-Financial Terms
Prenups can't dictate child custody, personal behavior, or lifestyle clauses. Courts will strike these provisions and may void the whole agreement.
Not Updating It
Major life changes — a new business, an inheritance, children — may require a postnuptial agreement to update your protections.
This content is for informational purposes only and does not constitute legal advice. Consult a licensed family law attorney in your state.