Marital Agreement
Prenuptial Agreement
Agree before marriage what stays separate, what becomes shared, and what happens if it ends — with the disclosure and timing that make such an agreement hold.
Available product levels
Advanced Legal Documents
$49.99Deeper planning, state-specific formalities, and supporting documents.
When to use this document
- One or both partners bringing significant assets, a business, or debt into the marriage
- A second marriage, particularly with children from a previous relationship
- Protecting an inheritance or family property
- Agreeing how income and property acquired during the marriage will be treated
Information you will need
- Both parties' details and the intended marriage date
- A full list of each party's assets, debts, and income for the disclosure schedules
- Whether each party had independent counsel, or knowingly declined it
- What is separate property, and how marital property is defined
- How income, appreciation, and jointly acquired assets are treated
- Any spousal support terms, and what happens on death or divorce
- The governing state
What you receive
- A Prenuptial Agreement with separate and marital property provisions
- Full financial disclosure schedules for both parties
- Signature blocks with notary acknowledgment
- Completion and signing instructions
- PDF and editable DOCX export
Special situations
- Timing is the most common reason a prenup is set aside. Signing shortly before the wedding invites an argument that consent was pressured. Leave real time — weeks, not days — between the final draft and signature.
- Each party should have their own lawyer. One lawyer cannot represent both, and in several states the absence of independent advice weighs heavily against enforcement.
- Incomplete disclosure undermines the agreement. An omitted asset can void it later, and the person who omitted it is usually the one relying on the agreement.
- Child support and custody cannot be predetermined. Those are decided in the child's best interests at the time, and a provision attempting otherwise can be disregarded.
- Spousal support waivers are treated differently across states, and some refuse or limit them regardless of what the agreement says.
Jurisdiction
Enforceability turns on state law and varies on disclosure standards, whether independent counsel is required or merely weighed, timing before the ceremony, notarisation and witnessing, and whether spousal support may be waived at all. This document states no waiting period and no jurisdiction-specific requirement.
Frequently asked questions
When should we sign it?
Well before the wedding. Signing days beforehand is the classic basis for arguing the agreement was signed under pressure, and it is the single most common reason prenups are challenged successfully. Aim for weeks between the final version and signature.
Do we each need our own lawyer?
You should each have one. One lawyer cannot represent both of you, and a lawyer who drafts for one party does not represent the other by reviewing it. Several states weigh the absence of independent advice heavily, so the agreement records each party's counsel status either way.
What happens if someone leaves an asset off the disclosure?
It puts the whole agreement at risk. Full and fair disclosure is what makes a prenup enforceable, and a material omission can void it — usually to the disadvantage of whoever was relying on the agreement holding.
Can we decide child support or custody in advance?
No. Those are decided on the child's best interests at the time the question arises, and no private agreement can fix them in advance. A clause attempting it may be disregarded and can raise questions about the rest of the document.
Can we waive spousal support?
Sometimes, and it depends heavily on where you live. Some states permit it, some limit it, and some refuse to enforce a waiver that would leave one party destitute. It is one of the provisions most worth taking advice on.
What if we are already married?
Then you need a postnuptial agreement instead. The substance is similar, but the timing and the standards applied to it differ, so it is a separate document.
Related documents and guides
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Last reviewed July 29, 2026.