Prenuptial agreement

A prenuptial agreement (commonly called a "prenup") is a legally binding contract signed by two people before marriage that outlines how assets, debts, income, and other financial matters will be divided in the event of divorce, separation, or death. Once associated primarily with the wealthy, prenups have become increasingly mainstream — particularly among millennials and Gen Z couples who see them as a practical, proactive step in financial planning rather than a sign of distrust.

16 steps across 4 sections

1. 2. Voluntary Execution

  • Presenting the agreement days before the wedding ("sign or the wedding is off")
  • Threatening consequences for refusal
  • Taking advantage of a power imbalance (age, language barriers, emotional state)

2. 3. Full Financial Disclosure

  • Assets (bank accounts, investments, real estate, business interests)
  • Debts (student loans, credit cards, mortgages)
  • Income (salary, bonuses, investment income, business revenue)
  • Financial obligations (child support from prior relationships, alimony)

3. 6. Proper Execution

  • Both parties must sign the agreement
  • Most states require the agreement to be notarized
  • Some states require witnesses

4. Recommended Timeline

  • Month 1-2: Have the conversation — discuss with your partner openly and honestly about why a prenup matters; frame it as mutual protection, not distrust
  • Month 2-3: Hire separate attorneys — each partner retains their own family law attorney; using the same attorney (or one party having no attorney) undermines enforceability
  • Month 3-4: Financial disclosure — both parties compile and exchange complete financial disclosures (tax returns, bank statements, investment accounts, property records, debts)
  • Month 4-5: Drafting and negotiation — one attorney typically prepares the initial draft; both parties negotiate terms through their respective attorneys
  • Month 5-6: Review, revise, and sign — allow adequate time for both parties to review the final version, ask questions, and sign without pressure
  • Sign at least 30 days before the wedding — signing too close to the wedding date creates an argument that the agreement was signed under duress

Common Mistakes

  • Waiting until the last minute
  • Using the same attorney
  • Incomplete financial disclosure
  • Including unenforceable provisions
  • Making it one-sided

Pro Tips

  • Start early — 3 to 6 months before the wedding
  • Be over-inclusive in financial disclosure
  • Consider a sunset clause
  • Include a review provision
  • Keep copies in multiple secure locations

Sources

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