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Table of Contents:A Prenuptial Agreement is a legal document drafted between two people who are getting married. It’s an agreement that outlines what happens to their assets and property in the event of divorce or the death of a spouse.
This agreement may go by other names, such as:
It is meant to protect the ownership of property, business, and finances that belonged to each party before the marriage.
The agreement can also ensure that property owned before the marriage is shared with children who come from a previous relationship.
Many states follow the Uniform Premarital Agreement Act (UPAA). This act establishes rules and regulations for anyone interested in creating this document. In the states that have not enacted the UPAA, Prenuptial Agreements are still valid and enforceable.
The states that have not adopted the UPAA include: Alabama, Arkansas, Georgia, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Minnesota, Missouri, New Hampshire, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Vermont, Washington, West Virginia, and Wyoming.
Use our Prenuptial Agreement template to create your document with no hassle.
By following the guidelines set out by the UPAA and state laws, a Prenuptial Agreement is considered legally binding.
If you are worried about what might happen if things go wrong in your marriage, then it may be worth drafting a prenup to protect yourself and your assets.
In most cases, the guidelines a Prenup Agreement must follow include:
By following these guidelines, your Marriage Contract will be legally binding and enforceable.
A Prenup can include different clauses that will be legally binding once you sign the document.
If you have a specific clause that you want included in your Prenup Agreement, then make sure it’s clearly stated in writing, so there is no confusion later on down the road.
Here are some common clauses found in most Prenuptial Agreements
These clauses help to ensure each party is represented fairly in the Prenuptial Agreement.
To correctly write a Prenuptial Agreement, it is essential to understand what must be included in the document.
To assist you, we have included the steps you must follow below to draft your Antenuptial Agreement without any difficulties.
The first part of your Prenuptial Agreement includes the full name and contact details of each party.
Financial information and details regarding a spouse’s legal counsel will also be provided.
It is also necessary to add each spouse’s martial history and if they have any children.
Two types of property that should be mentioned in your Premarital Agreement. The property you should mention include:
For property owned before the marriage, specify which property is owned by one person, and which is shared.
It should also be specified that if a spouse obtains property during the marriage, it will belong to that party or be shared.
Specify how the property will be divided in case of the divorce, this can be determined by state law, or just to split the property half-and-half.
You must state how much your business is worth before you get married.
If you own a business prior to the marriage, it isn’t necessary to share any future increase in value of that business during the marriage.
If the business is acquired during the marriage, state if you would like to share the increased value of the company or not.
Include if your debts or your spouse’s debts obtained before marriage will be only your responsibility or both of your responsibility.
This can be applied to debt obtained during the marriage as well. If you decide to share the debt, you can choose to split it by a percentage or refer to your state’s laws.
You must also mention if you are going to file your taxes jointly or separately. Filing jointly means you could be liable for your partner’s unpaid taxes.
In this section, enter the details regarding how a marital home will be divided. The marital home could be either party’s separate property or a shared marital home.
The same rules apply to how household expenses are split. Each spouse can pay their own specific expenses as well.
Add the final information to your contract, including various clauses and provisions, such as:
Once this information has been added to your document, both parties can sign the agreement.
Each state has its own rules for how to sign a Prenup Agreement. For instance, a Prenuptial Agreement in Texas requires only both spouses to sign the document.
The different types of requirements for signing a Prenuptial Agreement include:
Before signing a Prenuptial Agreement, make sure to check with your state’s requirements.
To ensure your Marriage Contract will be legally binding and enforceable, check with your state’s signing requirements below to know how to correctly formalize your document.
| State | Requirement | Law |
|---|---|---|
| Alabama | Both spouses’ signatures only | § 386 So. 2d 749 (Ala. Civ. App. 1980) |
| Alaska | Both spouses’ signatures only | § 733 P.2d 1044, 1048-51 (Alaska 1987) |
| Arizona | Both spouses’ signatures only | § 25-202 |
| Arkansas | Prenuptial Agreement Acknowledgement needs to be included | § 9-11-402 |
| California | Both spouses’ signatures only | § CA Fam Code 1611 |
| Colorado | Both spouses’ signatures only | § 14-2-306 |
| Connecticut | Both spouses’ signatures only | § Sec. 46b-36c |
| Delaware | Both spouses’ signatures only | § 322 Formalities |
| District of Columbia (D.C.) | Both spouses’ signatures only | § 46–502 |
| Florida | Both spouses’ signatures only | § 61.079 (3) |
| Georgia | A notary and 1 witness | § 19-3-62 |
| Hawaii | Both spouses’ signatures only | § 572D-2 Formalities |
| Idaho | Both spouses’ signatures only | § 32-922 – Formalities |
| Illinois | Both spouses’ signatures only | § 750 ILCS 10/3 |
| Indiana | Both spouses’ signatures only | § IC 31-11-3-4 |
| Iowa | Both spouses’ signatures only | § 596.4 Formalities |
| Kansas | Both spouses’ signatures only | § 23-2403 |
| Kentucky | Both spouses’ signatures only | KRS 371.010 |
| Louisiana | Each signature needs to be notarized | § CC 2331 |
| Maine | Both spouses’ signatures only | § 603 |
| Maryland | Both spouses’ signatures only | § Stewart v. Stewart. No. 0249, 2011) |
| Massachusetts | It needs to be registered in the Registry of Deeds where the husband resides | § Part II, Title III, Chapter 209, Section 26 |
| Michigan | Both spouses’ signatures only | § 566.132, Sec. 2(1)(c) |
| Minnesota | A notary and 2 witnesses | § 519.11, Subdivision 2 |
| Mississippi | Both spouses’ signatures only | § 890 So.2d 806 (Miss. 2003) |
| Missouri | Each signature needs to be notarized | § 451.220 |
| Montana | Both spouses’ signatures only | § 40-2-604 |
| Nebraska | Both spouses’ signatures only | § 42-1003 |
| Nevada | Both spouses’ signatures only | § NRS 123A.040 |
| New Hampshire | Both spouses’ signatures only | § 460:2-a |
| New Jersey | Both spouses’ signatures only | § 37:2-33 |
| New Mexico | Each signature needs to be notarized | § 40-3A-3 |
| New York | Each signature needs to be notarized | § DRL 236B(3) |
| North Carolina | Both spouses’ signatures only | § 52B-3 |
| North Dakota | Both spouses’ signatures only | § 14-03.2-05 |
| Ohio | Both spouses’ signatures only | § 1335.05 |
| Oklahoma | Both spouses’ signatures only | § 43-121(B) |
| Oregon | Both spouses’ signatures only | § 108.705 |
| Pennsylvania | Both spouses’ signatures only | § 3106 |
| Rhode Island | Both spouses’ signatures only | § 15-17-2 |
| South Carolina | Both spouses’ signatures only | § 364 S.C. 256 (2005) |
| South Dakota | Both spouses’ signatures only | § 25-2-17 |
| Tennessee | Both spouses’ signatures only | § 36-3-501 |
| Texas | Both spouses’ signatures only | § 4.002 |
| Utah | Both spouses’ signatures only | § 30-8-3 |
| Vermont | Both spouses’ signatures only | § 156 Vt. 353 (1991) |
| Virginia | Both spouses’ signatures only | § 20-149 |
| Washington | Both spouses’ signatures only | § 107 Wn. 2d 479 (1986) |
| West Virginia | Both spouses’ signatures only | § 48-1-203 |
| Wisconsin | Both spouses’ signatures only | § 131 Wis. 2d 84 (1986) |
| Wyoming | Both spouses’ signatures only | § 849 P.2d 731 (1993) |
Before creating any type of legal document, it is a good idea to have a look at an example.
Review the sample Prenup Agreement below before you begin to create your document.
Use LawDistrct’s Prenuptial Agreement template in addition to this sample to make the writing process simple.
Some documents that can be used in a similar situation that could help you and your spouse create a Prenuptial Agreement.
Similar documents to a Marriage contract include:
Review these legal documents to help you create a Prenup Agreement, or to use in case of a divorce.
To resolve any doubts you still may have concerning Prenup Agreements, we have answered some of the most frequently asked queries about the document.
Review the answers below to further clarify how to create a Prenup Agreement.
If created correctly, a Prenuptial Agreement will be enforceable in a court of law. You must enter all the clauses and terms clearly.
Before signing the document, it is essential to check the signing requirements of your state.
Check with the Uniform Premarital Agreement Act to review the guidelines regarding how to draft your document. If your state is not part of the UPAA, then check directly with your state’s laws.
To revoke a Prenuptial Agreement, you must give your consent and obtain your spouse’s consent.
You will need to create a written agreement that declares both parties wish to revoke the Prenup without any pressure from outside influences.
Then you both sign the document, and getting it notarized is recommended.
A Prenup Agreement can be used by anyone entering a marriage. There are Prenuptial Agreement pros and cons for each situation.
However, some individuals would benefit from the agreement even more if they have any of the following:
It’s also recommended to create a Prenup if you want to avoid any dispute over property in case of death, divorce, or separation.
You are only a few steps away from your own Prenuptial Agreement!
Download our professional examplesBACKGROUND
A) This Agreement is made between _________ and _________ (together the "Parties" and separately a "Party") who have the intention to marry each other in the near future.
B) As a result of the relationship, the Parties wish to establish their respective rights and responsibilities that may result from it.
C) The Parties acknowledge that some unhappy differences could arise between them. Accordingly, the Parties desire that the terms of this Agreement will govern the distribution of any property that either or both of them may own and, to the extent permitted by statutory or case law, intend that any statute applicable to them, whether under Federal or state law, shall not apply to them.
D) The Parties agree that they have been provided with to review this Agreement.
E) The Parties also agree that they have had an opportunity to hire their own lawyer and receive independent legal advice with respect to the terms of this Agreement.
F) The Parties acknowledge that they have made full disclosure of all of their properties, income, estate, and financial obligations and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.
G) Each Party agrees and affirms THAT:
a) The Parties acknowledge entering into this Agreement voluntarily;
b) This Agreement was not when it was executed;
c) Prior to the execution of this Agreement, both Parties have disclosed to their satisfaction all property or financial obligations of the other Party;
d) They have full knowledge of all of the facts and circumstances pertinent to the property or financial obligations of the other Party;
e) The Parties have entered into this Agreement freely and under no duress or undue influence on their decision by the other Party;
f) The Parties acknowledge that this Agreement shall continue to be effective even upon termination of marriage whether by death, divorce, or otherwise.
THEREFORE, in consideration of the upcoming marriage, and the mutual commitments and promises contained in this Agreement, the Parties agree as follows:
OWNERSHIP OF PROPERTY
1) The Parties agree that this Agreement will determine the ownership of the property upon the death of a party or if the Parties separate.
2) Except as otherwise provided in this Agreement, all property will be treated as owned exclusively by either one of the Parties (the "Separate Ownership"), except where:
a) It is Joint Ownership; or
b) There is proof of joint legal ownership.
3) Nothing contained in this Agreement shall preclude the Parties from making gifts to the other during their lifetime, at their death, or for benefit of the other party.
4) Unless a Party can reasonably show that they exclusively own a piece of property, where either Party commingles jointly owned property with Separate Ownership, any commingled property will be presumed to be Joint Ownership.
DEBTS
5) The Parties acknowledge that this Agreement shall determine the responsibility of any debt that may occur upon the death of a party or if the Parties separate.
6) All debts jointly acquired, whenever acquired, will be treated as joint debts (the "Joint Debts") and owed by both Parties.
7) Except as stated elsewhere in this Agreement, all debts shall be considered as debts owed exclusively by either one of the Parties (the "Separate Debts"), excluding the following circumstances:
a) If there is a Joint Debt; or
b) If there is proof of shared legal responsibility between the Parties.
MARITAL OWNERSHIP RELEASE
8) The Parties agree that they are aware of the laws of the _________, and that they have the intention to not apply the laws to the ownership and division of their property, either jointly or separately owned, nor to their future property, and the Parties further agree that it is their intention by the terms of this Agreement to contract out of the of the _________, and to make full disclosure of all of their properties, income, estate, and financial obligations previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.
DOWER, CURTESY AND HOMESTEAD RELEASE
9) The Parties waive all dower, courtesy, and homestead rights under any statute of the _________, or any other jurisdiction, that each would have in and to the property in the name of the another, or on their behalf jointly or as tenants in common, except for this Agreement.
SUPPORT10) The Parties agree that the investment of time or labor with respect to personal service in the property of the other will be considered to have been made gratuitously, and without expectation or right of compensation unless the Parties have agreed on the opposite in writing.
11) The Parties have the intention of releasing each other from any maintenance or support obligations now and in the future. They will not apply under any Federal or State legislation for support. They each waive any rights they may have to proceed against the other under any law or statute for maintenance or support payments and depend upon the law of contract to rule in respect of this issue.
12) The Parties understand that there may be changes in their health, cost of living, employment, marital status, breakdown of their relationship, or others that alter their respective financial circumstances in the future. It is understood by each Party that this Agreement represents a final disposition of all maintenance and support matters between them and that such disposition will not give either Party the right to seek redress under Federal or State law.
INHERITANCES AND TESTAMENTARY DISPOSITION
13) Except as otherwise provided in this Agreement, the Parties recognize that each has the absolute right to dispose of their estate by testamentary will without leaving any part to the other, or the heirs, executors, administrators, or assigns of the other.
14) Nothing in this Agreement shall invalidate or prevent either Party from designating the other as a beneficiary by will or other testamentary provision.
15) Except as otherwise provided in this Agreement, the Parties waive all rights of every kind, nature, and description that each may acquire as spouse or surviving spouse in the property, assets, or estate of the other.
SEVERABILITY
16) If any court of law finds invalid, unenforceable, or void any clause of this Agreement, such decision will not have the effect of invalidating or voiding the remainder of this Agreement, and The Parties agree that the section so held to be invalid, unenforceable, or void, will be deemed amended only to the extent required for purposes of validity and enforcement in the jurisdiction of such decision.
GOOD FAITH
17) The Parties create a fiduciary relationship through this Agreement in which each Party agrees to act with the utmost good faith and fair dealing toward the other Party in all aspects of this Agreement.
FURTHER DOCUMENTATION
18) The Parties agree to attach such additional documentation as is reasonably necessary to give full force and effect to each term of this Agreement.
ENUREMENT
19) This Agreement will inure to the benefit of the Parties, their respective heirs, executors, administrators and assigns and will be binding.
GOVERNING LAW
20) This Prenuptial Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside, will be governed by the law of the _________.
TERMINATION OR AMENDMENT
21) The amendment of this Agreement can only be carried out in writing and signed by each of the parties. Their attorneys-in-fact and other legal representatives are not allowed to amend it.
ENTIRE AGREEMENT
22) The Agreement constitutes the entire arrangement and understanding between the Parties and replaces all prior communications, contracts, or agreements between these Parties regarding the subject matter of this Agreement, whether oral or written.
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
The _________
THAT I was consulted this day in my professional capacity by _________, named in the document, being a Prenuptial Agreement, separate and apart from _________. I inquired about _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Prenuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.
DATED at the City of ___________________, in the _________, this _____ day of ______________, 20___.
I, _________, the person mentioned in the attached Agreement, hereby acknowledge the foregoing this ____day of ______________, 20___.
____________________________________CERTIFICATE OF INDEPENDENT LEGAL ADVICE
The _________
THAT I was consulted this day in my professional capacity by _________, named in the document, being a Prenuptial Agreement, separate and apart from _________. I inquired as to _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Prenuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.
DATED at the City of ___________________, in the _________, this _____ day of ______________, 20___.
I, _________, the person mentioned in the attached Agreement, hereby acknowledge the foregoing this ____day of ______________, 20___.
