Free Prenuptial Agreement Template

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Last Update July 22nd, 2024

Also Known As

Premarital Agreement

Marriage Contract

Pre-Wedding Agreement

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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.

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Prenuptial Agreement Template Sample

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.

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Prenuptial Agreement Template Sample

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PRENUPTIAL AGREEMENT
BETWEEN:

_________

- AND -

_________

of _________

BACKGROUND

A) This Agreement is made between _________ and _________ (together the "Parties" and separately a "Party") who have the intention to marry each other in the near future.
B) As a result of the relationship, the Parties wish to establish their respective rights and responsibilities that may result from it.

C) The Parties acknowledge that some unhappy differences could arise between them. Accordingly, the Parties desire that the terms of this Agreement will govern the distribution of any property that either or both of them may own and, to the extent permitted by statutory or case law, intend that any statute applicable to them, whether under Federal or state law, shall not apply to them.

D) The Parties agree that they have been provided with to review this Agreement.

E) The Parties also agree that they have had an opportunity to hire their own lawyer and receive independent legal advice with respect to the terms of this Agreement.
F) The Parties acknowledge that they have made full disclosure of all of their properties, income, estate, and financial obligations and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.

G) Each Party agrees and affirms THAT:

      a) The Parties acknowledge entering into this Agreement voluntarily;
      b) This Agreement was not when it was executed;
      c) Prior to the execution of this Agreement, both Parties have disclosed to their satisfaction all property or financial obligations of the other Party;
      d) They have full knowledge of all of the facts and circumstances pertinent to the property or financial obligations of the other Party;
      e) The Parties have entered into this Agreement freely and under no duress or undue influence on their decision by the other Party;
      f) The Parties acknowledge that this Agreement shall continue to be effective even upon termination of marriage whether by death, divorce, or otherwise.

THEREFORE, in consideration of the upcoming marriage, and the mutual commitments and promises contained in this Agreement, the Parties agree as follows:
OWNERSHIP OF PROPERTY

1) The Parties agree that this Agreement will determine the ownership of the property upon the death of a party or if the Parties separate.
2) Except as otherwise provided in this Agreement, all property will be treated as owned exclusively by either one of the Parties (the "Separate Ownership"), except where:
      a) It is Joint Ownership; or
      b) There is proof of joint legal ownership.

3) Nothing contained in this Agreement shall preclude the Parties from making gifts to the other during their lifetime, at their death, or for benefit of the other party.

4) Unless a Party can reasonably show that they exclusively own a piece of property, where either Party commingles jointly owned property with Separate Ownership, any commingled property will be presumed to be Joint Ownership.
DEBTS

5) The Parties acknowledge that this Agreement shall determine the responsibility of any debt that may occur upon the death of a party or if the Parties separate.
6) All debts jointly acquired, whenever acquired, will be treated as joint debts (the "Joint Debts") and owed by both Parties.

7) Except as stated elsewhere in this Agreement, all debts shall be considered as debts owed exclusively by either one of the Parties (the "Separate Debts"), excluding the following circumstances:

      a) If there is a Joint Debt; or
      b) If there is proof of shared legal responsibility between the Parties.
MARITAL OWNERSHIP RELEASE

8) The Parties agree that they are aware of the laws of the _________, and that they have the intention to not apply the laws to the ownership and division of their property, either jointly or separately owned, nor to their future property, and the Parties further agree that it is their intention by the terms of this Agreement to contract out of the of the _________, and to make full disclosure of all of their properties, income, estate, and financial obligations previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.

DOWER, CURTESY AND HOMESTEAD RELEASE

9) The Parties waive all dower, courtesy, and homestead rights under any statute of the _________, or any other jurisdiction, that each would have in and to the property in the name of the another, or on their behalf jointly or as tenants in common, except for this Agreement.
SUPPORT
10) The Parties agree that the investment of time or labor with respect to personal service in the property of the other will be considered to have been made gratuitously, and without expectation or right of compensation unless the Parties have agreed on the opposite in writing.

11) The Parties have the intention of releasing each other from any maintenance or support obligations now and in the future. They will not apply under any Federal or State legislation for support. They each waive any rights they may have to proceed against the other under any law or statute for maintenance or support payments and depend upon the law of contract to rule in respect of this issue.

12) The Parties understand that there may be changes in their health, cost of living, employment, marital status, breakdown of their relationship, or others that alter their respective financial circumstances in the future. It is understood by each Party that this Agreement represents a final disposition of all maintenance and support matters between them and that such disposition will not give either Party the right to seek redress under Federal or State law.
INHERITANCES AND TESTAMENTARY DISPOSITION

13) Except as otherwise provided in this Agreement, the Parties recognize that each has the absolute right to dispose of their estate by testamentary will without leaving any part to the other, or the heirs, executors, administrators, or assigns of the other.

14) Nothing in this Agreement shall invalidate or prevent either Party from designating the other as a beneficiary by will or other testamentary provision.

15) Except as otherwise provided in this Agreement, the Parties waive all rights of every kind, nature, and description that each may acquire as spouse or surviving spouse in the property, assets, or estate of the other.
SEVERABILITY

16) If any court of law finds invalid, unenforceable, or void any clause of this Agreement, such decision will not have the effect of invalidating or voiding the remainder of this Agreement, and The Parties agree that the section so held to be invalid, unenforceable, or void, will be deemed amended only to the extent required for purposes of validity and enforcement in the jurisdiction of such decision.

GOOD FAITH

17) The Parties create a fiduciary relationship through this Agreement in which each Party agrees to act with the utmost good faith and fair dealing toward the other Party in all aspects of this Agreement.

FURTHER DOCUMENTATION

18) The Parties agree to attach such additional documentation as is reasonably necessary to give full force and effect to each term of this Agreement.

ENUREMENT

19) This Agreement will inure to the benefit of the Parties, their respective heirs, executors, administrators and assigns and will be binding.

GOVERNING LAW

20) This Prenuptial Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside, will be governed by the law of the _________.

TERMINATION OR AMENDMENT

21) The amendment of this Agreement can only be carried out in writing and signed by each of the parties. Their attorneys-in-­fact and other legal representatives are not allowed to amend it.

ENTIRE AGREEMENT

22) The Agreement constitutes the entire arrangement and understanding between the Parties and replaces all prior communications, contracts, or agreements between these Parties regarding the subject matter of this Agreement, whether oral or written.
CERTIFICATE OF INDEPENDENT LEGAL ADVICE

The _________
THAT I was consulted this day in my professional capacity by _________, named in the document, being a Prenuptial Agreement, separate and apart from _________. I inquired about _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Prenuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.

DATED at the City of ___________________, in the _________, this _____ day of ______________, 20___.
I, _________, the person mentioned in the attached Agreement, hereby acknowledge the foregoing this ____day of ______________, 20___.
____________________________________
_________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE

The _________
THAT I was consulted this day in my professional capacity by _________, named in the document, being a Prenuptial Agreement, separate and apart from _________. I inquired as to _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Prenuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.

DATED at the City of ___________________, in the _________, this _____ day of ______________, 20___.
I, _________, the person mentioned in the attached Agreement, hereby acknowledge the foregoing this ____day of ______________, 20___.
____________________________________
_________
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