A prenuptial agreement — commonly called a “prenup” — is a legal contract signed by two people before they marry. It outlines how assets, debts, and financial responsibilities will be handled if the marriage ends in divorce, legal separation, or death.
For many couples, the word “prenup” carries an uncomfortable connotation. It can feel like planning for failure. But that framing misses the point entirely. A prenup is a financial planning tool — not a bet against your marriage.
What a Prenup Can Cover
Prenuptial agreements can address a wide range of financial matters:
- Separate property: Designating assets owned before marriage as remaining separate
- Debt protection: Ensuring one partner isn’t responsible for the other’s pre-marital debt
- Business interests: Protecting a business or ownership stake from division in divorce
- Inheritance: Ensuring assets pass to children from a prior relationship
- Spousal support: Setting expectations for alimony in advance
- Property acquired during marriage: Defining what will (and won’t) be considered marital property
What a Prenup Cannot Cover
Prenuptial agreements have legal limits. They generally cannot:
- Determine child custody or child support (courts decide these based on the child’s best interests)
- Include provisions that encourage divorce
- Waive rights to public benefits
- Contain illegal terms
Who Should Consider a Prenup?
Prenuptial agreements make sense for a wide range of couples — not just the wealthy. Consider a prenup if:
- You own property or a business going into the marriage
- You have significant debt (or your partner does)
- You have children from a prior relationship
- You expect a large inheritance
- You earn significantly more (or less) than your partner
- You’re marrying for the second or third time
How to Approach the Conversation
Bringing up a prenup can feel awkward. Here are a few principles that help:
- Start early — Don’t wait until a month before the wedding. Give yourselves time to discuss, negotiate, and have attorneys review.
- Frame it as protection for both — A fair prenup protects both partners, not just the wealthier one.
- Be transparent — Full financial disclosure is legally required in most states and is the foundation of a fair agreement.
- Get independent counsel — Each partner should have their own attorney review the agreement.
Is a Prenup Enforceable?
In most U.S. states, yes — if it was properly executed. Courts will generally uphold a prenup that:
- Was signed voluntarily (no duress or coercion)
- Included full financial disclosure
- Was signed well in advance of the wedding
- Is not unconscionable or grossly unfair
State laws vary significantly. Requirements in California differ from those in New York, Texas, and Florida. Consulting a local family law attorney is essential.
The Bottom Line
A prenuptial agreement is one of the most honest conversations a couple can have before marriage. It requires you to discuss money, assets, debt, and expectations openly — the exact conversations that lead to stronger financial partnerships.
Think of it not as planning for divorce, but as designing the financial framework of your marriage before emotions and conflict enter the equation.
Have questions about prenuptial agreements? Contact us to schedule a consultation.