Prenuptial Agreement: Definition, Benefits, Costs
Jump to Section
Quick Facts — Prenuptial Agreement Lawyers
- Avg cost to draft a Prenuptial Agreement: $890.00
- Avg cost to review a Prenuptial Agreement: $540.00
- Lawyers available: 262 prenup lawyers
- Clients helped: 2170 recent prenuptial agreement projects
- Avg lawyer rating: 4.91 (417 reviews)
What Is a Prenuptial Agreement?
A prenuptial agreement, also known as a premarital agreement or prenup, is a legal agreement entered into by two parties before they get married that outlines everyone’s assets and specifies how financial issues will be handled in case a divorce occurs. Prenuptial agreements are often associated with individuals who are wealthy, but this type of agreement can benefit any couple who intends to get married.
Alternatively, a postnuptial agreement is a similar document signed after two people are married and can be an option when people experience significant change in wealth after their marriage. A postnuptial agreement is sometimes seen as less enforceable, but will depend on the jurisdiction.
Regardless of whether a couple enters a prenup or postnup, it must be entered into voluntarily with full financial disclosure and have fair terms. It is recommended to always speak with an attorney who can explain your rights and options prior to making a decision.
A prenuptial agreement allows the couple to address potential divorce issues early in the relationship when both parties are more likely to deal fairly and generously with one another. This document clarifies which assets belonged to each party before the two merged their homes while also specifying what assets each individual will be entitled to at the dissolution of the marriage and after the couple has combined some of their resources.
See Prenuptial Agreement by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
The Popularity of Prenuptial Agreements
In recent years, prenuptial agreements have increased in popularity. In a 2018 survey by the American Academy of Matrimonial Lawyers, 62% of lawyers polled said they had seen an increase in the number of clients seeking prenuptial agreements during the last three years. Some of this increase may be due to couples waiting longer to get married and accumulating more wealth and assets before getting engaged. The prevalence of divorce in previous generations may also contribute to the increase in prenups, since many millennials now getting married have divorced parents.
Benefits of a Prenuptial Agreement
Couples have many reasons to consider a prenuptial agreement.
Protection for Children From Previous Marriages
If either individual has a child or children from a previous marriage, a prenuptial agreement can include essential provisions that will help protect the children in the marriage. A prenup ensures that a child's biological parent can leave a portion of the estate to the child in the event of the parent's death. If the prenup is not in place, the surviving spouse may inherit most or all of these assets, leaving less than what the parent might have desired for the child.
Comprehensive Planning for the Future
Prenups cover more than divorce alone. Although divorce is the most common reason a couple will use a prenup, this document can also specify what happens in the case of death or incapacity.
Protection From Debts
If either party is entering the marriage with debts, a prenuptial agreement can clarify who these outstanding debts belong to. This arrangement will protect the other party from taking on the debt in the event of the divorce, an important point if the debts are substantial.
Safeguards for Personal Property
A prenuptial agreement can specify what property belongs to each party. If one of the individuals owns a home, vehicle, or other significant assets, a premarital agreement can prevent the other spouse from attempting to claim these pieces of property in a divorce settlement. Those who are engaged are more likely to deal fairly with one another, which could help the couple avoid disputes later if the marriage ends.
Protection From Typical Divorce Settlements
Understand what a typical divorce settlement would look like so that you can fully appreciate the value of a prenuptial agreement. Lacking a prenup, each spouse will typically have shared ownership and management of property acquired during the marriage. The spouses will also share liability for debts incurred in the marriage, leaving both parties to pay for these liabilities.
Personal Matters
Most people look at prenuptial agreements as a way to primarily address financial matters. However, some couples will choose to include clauses that address personal matters to better guide their behavior during marriage. Example of these include household responsibilities, frequency of in-law’s visits, parenting styles, and lifestyle clauses. While some may not be legally enforceable, they can still serve symbolically to the couple as a way they want to manage their relationship.
Prenuptial Agreement Templates
100% Lawyer Drafted
100% Lawyer Drafted
100% Lawyer Drafted
100% Lawyer Drafted
How to Handle a Prenuptial Agreement
Be aware of the requirements for a prenuptial agreement so that you can make sure that this document holds up in court if you need to call upon it in the future. While you can draft your own prenuptial agreement, you should do so with care and make note of the following considerations.
Plan Ahead
You should discuss your prenuptial agreement as soon as possible after you get engaged. Aim to complete this contract at least six months before the wedding. If you wait until a significant part of the wedding planning is complete, you may have trouble proving that the prenup wasn't entered into under duress. Once the parties have invested in sending invitations, putting a deposit on a wedding venue, and purchasing wedding attire, proving that the prenup was entered into freely becomes more challenging.
Secure Separate Attorneys
A single attorney cannot represent both parties fairly. Working with separate attorneys ensures that each party has someone reviewing the contract who is interested solely in the individual's best interests. An attorney is also a valuable resource for navigating issues that are specific to your state. Every state handles prenups differently. You should consult with a local attorney who understands the process in your area. You may want to:
- Create the first draft of the prenuptial agreement together.
- Individually take the document to separate lawyers for review.
- Meet together with both lawyers to review the changes and finalize the document.
Know What Areas to Include
You can put many items into a prenuptial agreement. While you're taking the time and effort to create this document, consider including as many details as possible. Some items that you can include in a prenup are the following:
- Distribution of retirement benefits
- Specifications on how you will file tax returns
- Details on the management of finances in your marriage including joint bank accounts, household bills, and expenses
- Information on savings contributions
- Arrangements for large purchases such as a home
- Specifications for managing a joint business
- Details on financial management if a spouse goes back to school
- Information on how disputes will be handled where arbitration or mediation is involved
- Management of credit card payments and spending
- Distribution of property and life insurance in the event of one spouse's death
Image via Flickr by maniniyotako
The Limitations of a Prenuptial Agreement
A prenuptial agreement is not all-encompassing. You can't manage all aspects of a marriage with this type of contract. You should understand these limitations before drafting the prenup, particularly if you're creating this contract independently. A prenup that includes the following may be deemed invalid:
- Child support: Child support is the right of a child, not the parent. Courts will not validate a prenup that attempts to waive a child's right to support, even if both parties are in agreement on the issue.
- Child custody or visitation: The courts maintain the right to determine how child custody and visitation are handled based on the interests of the child. The parents may not specify how these issues will be handled in a prenup.
- Incentives for divorce: Anything that might encourage a divorce will likely invalidate a prenuptial agreement.
- A waiver of alimony: Many states prohibit alimony waivers, and others limit them. While a few states allow alimony waivers, these waivers must be handled carefully. The states that do allow alimony waivers usually have to be ‘fair and reasonable’ at the time of enforcement.
- Personal matters: A prenuptial agreement is designed to deal with the couple's financial matters. It cannot be used to specify how the couple will raise their children, manage the housework, divide the holidays, handle surnames, or allocate their time, among other considerations.
A prenuptial agreement is a valuable document that deserves a great deal of time and consideration. When drafted properly, this contract can provide you and your spouse with a great deal of protection as you both approach the future together.
See Real Prenuptial Agreement Projects
Florida Lawyer for prenuptial agreement review Review
- Florida
- 5 lawyer bids
- $360 - $650
See all Prenuptial Agreement projects
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Prenuptial Agreement?
Meet some of our Prenuptial Agreement Lawyers
Odini G.
I am an accomplished attorney with more than 19 years of experience and extensive expertise in business negotiations, commercial contracts, and technology transactions. With a proven track record of providing strategic legal advice and delivering exceptional results, I have successfully assisted numerous clients in drafting, reviewing, and negotiating various business arrangements. My experience encompasses a wide range of areas, including intellectual property, data privacy and security, SaaS agreements, and software licenses. I co-founded a reputable general corporate law firm with three offices in Aspen, Atlanta, and New York. As a partner and attorney, I represented diverse clients, including start-ups, public corporations, investors, financial institutions, educational institutions, and non-profit entities. With a focus on delivering comprehensive legal solutions, I provided general counsel, expert dispute resolution, efficient litigation management, and skillful contract drafting and negotiations for businesses across industries.
"Odini did an amazing job and the turnaround time was very fast."
Joe S.
I am a Connecticut-licensed attorney and transaction advisor with extensive experience in middle-market mergers and acquisitions, corporate finance, and complex deal structuring. As the principal of Amirext LLC, I serve as lead counsel and strategic advisor to founders, boards, and investors, often working at the intersection of legal, financial, and operational decision-making.
"Joe was responsive, communicative and a real advocate for me. He was thorough with the work, and managed expectations very clearly. I would 100% hire Joe again, and may do so very soon."
Mathew K.
Mathew Kerbis is The Subscription Attorney. He’s on a mission to affordably serve clients at scale via the subscription model and inspire attorneys to abandon the billable hour. He founded the law firm Subscription Attorney LLC after working for private practice law firms for nine years. His firm leverages automations and artificial intelligence to offer more accessible and reasonable prices like legal advice starting at $19.99/month and $49.99/page.
"Mathew was great, always very responsive and willing you walk you through the details to ensure you fully understood everything."
Jazmin C.
JAZMIN G. CALDWELL is a Partner and Attorney at Elder Law & Estate Planning Solutions of the Piedmont. She was the previous owner and sole proprietor of The Law Office of J.G. Caldwell, PLLC; which was established in 2013. As a partner at Brown & Caldwell- Elder Law & Estate Planning Solutions of the Piedmont, she focuses on Estate Planning and Estate Administration. She is also well versed in Corporate Law (Business and Non-Profit Formation), Contract Formation, Real Property Law, and Deed Preparation for the residents of the Piedmont area of North Carolina.
Michael D.
I have been a litigator in state and federal jurisdictions throughout the United States for the past 15 years, save for an eight-month stint as General Counsel and Chief Compliance Officer for a credit card processing company. I am an asset to any firm looking for support with any type of motion work or coverage for appearances, if necessary. I like to refer to myself as a self-proclaimed "walking code of civil procedure." I look forward to working with you and helping however I am able. Thank you for your consideration.
"Responsive, transparent and clear with fees, explained clearly the best course of action. Recommend"
July 11, 2025
Aristos K.
I am a San Francisco attorney with specific expertise representing the public with residential and commercial real estate interests in the Bay Area. I apply my background in dispute resolution services, contract analysis, and conflict management to identify and produce long-term results for clients amidst demanding and unforeseen circumstances.
July 18, 2025
Connor F.
Connor was born and raised in Coney Island, Brooklyn. He moved to Florida in 2017 after graduating from Brooklyn College with a Degree in Philosophy and Law. He continued his legal studies a at Nova Law School, where he graduated Magna Cum Laude and in the top 10% of his class. While in law school, Connor was an active member of the Nova Trial Team, and he received awards for his litigation and trial advocacy skills. Connor is a skilled litigator and trial attorney. He is known for his public oration skills and conversational courtroom presence. He has both criminal and civil trial experience, and enjoys telling his clients’ stories to the jury to bring about justice. Guided by his deep belief in God, Connor always pursues the most professional and ethical outcome for his clients. He is zealous, scrappy, and tough. He is calm and sensible, yet relentless. When he’s not in the courtroom, Connor is an active member of the community and an experienced musician. He has received numerous achievements for his skills, abilities, and techniques as a harmonica player. He lives in Lake Worth, Florida with his wife, Jen, and their son, Ezekiel.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Prenuptial Agreement Projects
Pre-nup review and sign
"Benjamin E was very easy to work with and would recommend him."
ContractsCounsel User
Prenuptial Agreement Review
"I had an excellent experience working with Ralph on my prenuptial agreement. From the beginning, Ralph was professional, knowledgeable, and incredibly patient. He took the time to explain the legal concepts, options, and implications in a way that was clear and easy to understand. He never made me feel rushed and was always willing to answer my questions thoroughly. What I appreciated most was his ability to make a potentially stressful process feel comfortable and straightforward. Ralph completed the agreement much faster than I expected, while still being extremely thorough and attentive to detail. I am extremely happy with his work and would not hesitate to recommend Ralph to anyone needing assistance with contracts or other legal agreements. His professionalism, responsiveness, and genuine willingness to help made all the difference. Thank you, Ralph, for making this process such a positive experience."
ContractsCounsel User
Create Prenuptial Agreement
"Easy to work with and completed the agreement in a timely fashion. Thanks"
ContractsCounsel User
Prenup ILA Certificate
"Professional, detailed, and always got my back. Would highly recommend Elizabeth to anyone looking for a legal partner"
ContractsCounsel User
Prenuptial
"Ralph was Great and easy to communicate with. Would definitely recommend"
ContractsCounsel User
Family
Prenuptial Agreement
Texas
Can a prenuptial agreement be challenged in court?
I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.
Nicole P.
Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.
Estate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family Law
Prenuptial Agreement
New York
Is a prenuptial agreement legally binding in the event of a divorce?
I am engaged and considering getting a prenuptial agreement to protect my assets in case of a divorce, but I have heard conflicting information about their enforceability. I have worked hard to build my business and accumulate significant savings, and I want to ensure that these assets are protected in the event of a divorce. I would like to know if a prenuptial agreement is legally binding and what factors can affect its enforceability in my state.
Khari P.
A prenup would be binding in a divorce action provided that the prenuptial agreement was written properly, both parties disclosed all relevant financial information along with an acknowledgement that they had the right to consult an attorney of their own choosing before signing, and the signing was witnessed by a notary.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Prenuptial Agreement?
Prenup lawyers by top cities
- Austin Prenup Lawyers
- Boston Prenup Lawyers
- Chicago Prenup Lawyers
- Dallas Prenup Lawyers
- Denver Prenup Lawyers
- Houston Prenup Lawyers
- Los Angeles Prenup Lawyers
- New York Prenup Lawyers
- Phoenix Prenup Lawyers
- San Diego Prenup Lawyers
- Tampa Prenup Lawyers
Prenuptial Agreement lawyers by city
- Austin Prenuptial Agreement Lawyers
- Boston Prenuptial Agreement Lawyers
- Chicago Prenuptial Agreement Lawyers
- Dallas Prenuptial Agreement Lawyers
- Denver Prenuptial Agreement Lawyers
- Houston Prenuptial Agreement Lawyers
- Los Angeles Prenuptial Agreement Lawyers
- New York Prenuptial Agreement Lawyers
- Phoenix Prenuptial Agreement Lawyers
- San Diego Prenuptial Agreement Lawyers
- Tampa Prenuptial Agreement Lawyers
ContractsCounsel User
Draft a prenuptial agreement for SC
Location: South Carolina
Turnaround: Over a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 3
Bid Range: $700 - $3,000
ContractsCounsel User