Free Prenuptial Agreement Template
Take advantage of our Prenuptial Agreement template to make creating your document stress-free. Create an agreement that clearly states how assets and support are divided before your wedding day.
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What Is a Prenuptial Agreement
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:
Marriage Contract
Prenuptial Contract
Domestic Contract
Antenuptial Agreement
Prenup Agreement
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.
How Does a Prenup Work
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:
Financial disclosure: The agreement must state that both parties have disclosed their financial information to each other, completely and honestly.
Opportunity to consult with a lawyer: Both parties must be represented by a lawyer, if not, the party without legal counsel must state they chose not to have any legal representation.
Waiting time: In certain states, there is a state-mandated waiting period that starts from when the parties obtain the document until it is signed.
Fair and reasonable terms: A contract may not be enforceable if a court believes the terms of the contract are unjust.
Signing and notarizing the document: Each party must sign the agreement. Requirements can be different depending on the state, but the Prenup Agreement should be notarized and signed in front of at least one disinterested witness.
By following these guidelines, your Marriage Contract will be legally binding and enforceable.
Common Prenuptial Agreement Clauses
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
Property Division: This clause states how you and your spouse’s property will be divided in the event of a divorce. It can also address who gets to keep which assets, such as a house or cars.
Establish Debts and Assets: It’s important to establish who owned all assets and debts before the marriage begins. This helps ensure the owner keeps those assets in case of a divorce.
Financial Support: This clause outlines how much money each person is responsible for paying out of pocket during their marriage, as well as any costs associated with raising children from previous relationships.
Alimony: This clause outlines how much money you will receive from your spouse if they were to die. Each party can agree on a specific amount for spousal support. It’s also possible to waive alimony by mutual agreement.
These clauses help to ensure each party is represented fairly in the Prenuptial Agreement.
How to Write a 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.
Include each party’s details
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.
Choose how property is distributed
Two types of property that should be mentioned in your Premarital Agreement. The property you should mention include:
Property owned prior to marriage
Property obtained during the marriage
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.
Choose how business is distributed
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.
Decide who is responsible for debts and taxes
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.
Include how the home will be divided
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.
Conclude your agreement
Add the final information to your contract, including various clauses and provisions, such as:
Waiver of rights
Provisions for disability and death
Conflict resolution
Disclosure of financial information
Date and state laws that will be followed
Once this information has been added to your document, both parties can sign the agreement.
Signing requirements
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:
Signature of both spouses
Each signature must be notarized
2 witnesses and a notary public
1 witness and a notary public
Prenuptial agreement acknowledgment must accompany the Prenup
Before signing a Prenuptial Agreement, make sure to check with your state’s requirements.
Prenuptial Agreement Laws by State
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) |
Prenuptial Agreement Sample
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.
Prenup Agreement FAQs
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.
Do Prenups hold up in court?
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.
How to nullify a Prenuptial Agreement?
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.
Who needs a Prenup Agreement?
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:
Have children from a prior relationship
Have personal assets you want to remain separate
Have large-scale investments in a company
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!