Prenuptial agreement
by Di Goodman
Published on August 25, 2025 · 2 min read
What is a prenuptial agreement?
A prenuptial agreement, or “prenup,” is a legal contract signed by two people before they get married. It outlines how assets, debts, and property will be handled during the marriage and in the event of a divorce or death. While often associated with protecting wealth, prenups can benefit couples of all financial backgrounds by clarifying expectations and avoiding future legal disputes.
Key elements of a prenuptial agreement
- Purpose: A prenup defines how financial matters will be resolved if the marriage ends, helping to reduce uncertainty and conflict.
- What it can cover: Prenups can address property division, business ownership, spousal support, inheritance rights, debt responsibility, and how certain assets should be treated during the marriage.
- What it can’t cover: A prenup can’t decide issues like child custody or child support in advance, as those decisions must be based on the child’s best interests at the time of divorce.
- When it’s signed: The agreement must be completed and signed before the marriage takes place. Some states also require it to be signed a specific number of days in advance.
- Enforceability: For a prenup to be legally valid, it must be entered into voluntarily, include full financial disclosure from both parties, and be fair at the time it’s signed. Courts may reject prenups that appear coercive or one-sided.
- State-specific laws: Each state has its own rules about how prenups are created and enforced. Some follow the Uniform Premarital Agreement Act (UPAA), while others have their own statutes.
What else you should know
A prenuptial agreement is not just for high-net-worth individuals. It can be useful for people entering second marriages, those with children from previous relationships, or anyone who wants to protect specific assets or clarify financial roles in the marriage. While it can be a sensitive topic, having an open conversation about a prenup can strengthen communication and transparency.
To help ensure a prenup is enforceable, both parties typically benefit from having separate legal counsel and sufficient time to review the terms without pressure. A carefully prepared prenup can reduce stress and financial uncertainty in the event of divorce, and offer peace of mind from the start.
