How it works

1

CREATE

Get started by creating
your document.

2

CUSTOMIZE

Enter your details into a
step-by-step questionnaire.

3

PRINT

Download and print your
document instantly.

Prenuptial Agreement Information

Alternate Names:

A Prenuptial Agreement is also known as a/an:

  • Prenup
  • Premarital Agreement
  • Antenuptial Agreement
  • Marriage Contract

What is a Prenuptial Agreement?

A Prenuptial Agreement is a contract that you and your future husband or wife create prior to becoming legally married. It is used to set out the current and future financial responsibilities of each partner in case the couple separates, divorces, or one partner passes away.

For individuals who want to protect themselves but who will not be legally married, a Cohabitation Agreement (sometimes called a Common Law Partner Agreement) can serve as a solution.

What does a Prenuptial Agreement cover?

Prenuptial Agreements generally cover any and all financial matters. This includes division of properties, income, businesses, investments, inheritances, and other similar assets.

Typically, prenups also cover the division of joint debt (for instance, debt that accrued from a joint credit card) and aspects of alimony (also known as spousal support).

A prenup cannot include terms regarding child custody, child visitation, or child support for existing or future children.

Who should use a Prenuptial Agreement?

Most engaged couples would benefit from creating a Prenuptial Agreement before getting married. However, it is especially recommended if you:

  • Have children from a previous relationship
  • Have personal assets that you wish to separate from any assets you share with your future husband or wife
  • Would like to protect a personal inheritance, business, or investment
  • Would like to avoid any conflict or confusion in the event of a divorce, separation, or the passing of your spouse

Can same sex couples use LawDepot's Prenuptial Agreement?

A Prenuptial Agreement can be used by any engaged couple who can legally marry in the United States. Gay marriage is recognized in all states.

LawDepot's Prenuptial Agreement allows the two parties in the document to list themselves as same sex or male and female.

What is the difference between separate and shared property in a prenup?

A prenup typically clarifies which assets are considered separate or shared.

Separate property (sometimes called separate assets) is property owned by one partner, whereas shared property (sometimes called shared assets) is property owned by both you and your future husband or wife.

Generally, property purchased after a couple marries is considered shared property.

If the relationship ends, separate assets are retained by the partner that owns them and shared assets are divided in accordance with the terms of the Prenuptial Agreement or state law.

Can a Prenuptial Agreement be voided?

Yes, if a Prenuptial Agreement is not created properly or in good faith, it can be voided.

For instance, a Prenuptial Agreement is invalid if:

  • There was a failure to disclose all assets
  • There is evidence of fraud
  • There is evidence of duress (i.e. an action that forces another person to unwillingly comply with an agreement) or unfairness
  • It was signed involuntarily
  • It includes content that is illegal or against public policy
  • It includes content that is perceived to promote divorce or separation

You and your partner will also want to sign your Prenuptial Agreement following the proper procedure, which is to both sign in front of a witness.

A couple may wish to have their agreement reviewed by a lawyer as well. If so, keep in mind that each partner is required to get legal advice from their own lawyer (i.e. independent legal advice) to avoid issues such as duress or fraud.

Related Documents:

  • Cohabitation Agreement: protect your personal assets and create financial terms similar to a prenup when you're in a long-term relationship as opposed to a marriage
  • Roommate Agreement: divide expenses such as rent and utilities between roommates and address terms such as household rules, duties, and restrictions
  • Last Will and Testament: control how your assets are distributed after you pass away
  • Separation Agreement: create agreements regarding the division of property and debts, how child custody and visitation will be handled, and more in the event that you and your partner separate

Related Articles:

Frequently Asked Questions:

Prenuptial Agreement FAQ
Prenuptial Agreement Sample

Sample

Prenuptial Agreement

Personalize your Prenuptial Agreement template.

Print or download in minutes.

Create your free Prenuptial Agreement in 5-10 minutes
Know someone who just got engaged? Share this form:
This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Loading ...
Loading ...

Note: Your initial answers are saved automatically when you preview your document.
This screen can be used to save additional copies of your answers.