In This Article
Look, let's just get this out in the open right away: talking about prenups feels weird. You're planning this beautiful wedding, dreaming about your life together, and then someone (maybe your aunt, maybe your financial advisor, maybe that voice in the back of your head) suggests you need to talk about what happens if you split up.
But here's the uncomfortable truth nobody wants to say at engagement parties: 40-50% of marriages end in divorce, with average litigation costs hitting $15,000-$30,000 per person. Yet only 15-20% of couples have prenuptial agreements in place. Why? Because traditional prenups cost $5,000-$25,000 and take 3-6 months to complete.
But (and this is a big but), something's changed. What used to cost thousands and take months now takes 90 minutes and costs $599 with modern platforms like HelloPrenup—featured on Shark Tank and backed by Kevin O'Leary. The platform has helped 100,000+ couples protect $25 billion in assets. And here's the part that surprised even me: 83% of couples report feeling CLOSER after going through the prenup process together. Turns out, financial transparency isn't romance-killing—it's actually relationship-strengthening.
So yeah, we're doing this. Whether you're a millennial couple with student debt, a business owner protecting your startup, or just someone who wants to enter marriage with clear financial expectations, this prenuptial agreement guide walks you through everything. No judgment, no legal jargon (okay, maybe a little, but I promise we'll explain it), and definitely no doom-and-gloom vibes.
📊 Prenup Revolution: The Numbers Tell the Story
💰 Cost Revolution
What once cost thousands now takes 90 minutes
83% of couples feel closer after completing their prenup
Financial transparency strengthens relationships, not weakens them
What Exactly Is a Prenup? (And Why 50% of Americans Now Support Them)
Let's start simple. A prenuptial agreement (or prenup if we're keeping it casual) is basically a contract you and your partner create before getting married that spells out how you'll handle money and property if things don't work out.
Think of it like this: you wouldn't start a business partnership without a clear operating agreement, right? Well, marriage is legally a financial partnership. A prenup is just making sure you're both on the same page about what that means.
💡 Key Insight: Modern prenups aren't divorce plans—they're financial roadmaps. They force couples to have honest conversations about money BEFORE marriage, when emotions aren't running high and stakes aren't sky-high.
Here's what these agreements typically cover:
The money stuff:
- Which assets stay separate vs what becomes shared
- How you'll handle debts (especially important if one of you has student loans)
- Business interests and who gets what if there's a split
- Whether anyone gets spousal support, and if so, how much
- How you'll handle inheritance and family property
What you CAN'T include:
- Anything about kids (custody, child support—courts decide this)
- Personal lifestyle clauses that sound fun but won't hold up (“you must lose the baby weight within six months”)
- Terms that are wildly unfair or one-sided
Now, here's something that might surprise you: prenups aren't just for the wealthy anymore. The median net worth of people getting these agreements? $78,000. Not exactly trust-fund territory. But many do have one thing in common—about $30,000 in median debt. Prenups protect you from liabilities just as much as assets.
Why the surge in popularity?
50% of Americans now support prenuptial agreements—a massive shift from even a decade ago. What changed? Three things:
- Generational attitudes: 47% of millennials and 41% of Gen Z couples are signing prenups. This generation views them as smart financial planning, not pessimistic divorce prep.
- Women's financial empowerment: 52% of prenups are now initiated by women. This isn't about distrust—it's about entering marriage as equal financial partners.
- Accessibility revolution: The cost barrier has collapsed. What once required $8,000 and 6 months now costs $599 and 90 minutes with online platforms.
Who Actually Needs a Prenup in 2025?

Okay, but do YOU actually need one? Here's a quick way to figure it out.
You should seriously consider a prenup if:
Business Owners & Entrepreneurs
Picture this: you're a 32-year-old app developer with $200,000 in seed funding. Your business is your baby. Without a prenup, your spouse could claim part of your company's growth during marriage—even if they never touched a line of code. A well-written prenup designates all business growth as separate property. Problem solved.
If you own a business, read our complete guide on prenups for business owners to protect your company.
Second Marriages & Blended Families
Mark, 45, has two kids from his first marriage. He loves his new partner, but he also wants to make sure his children's inheritance is protected. His prenup does both—preserves what his kids will inherit while still fairly providing for his new spouse. No drama, just clarity.
Couples with Student Debt
Remember Sarah and Jake? Sarah's carrying $80,000 in student loans from med school. Jake graduated debt-free thanks to scholarships. Their prenup ensures Jake won't be liable if Sarah defaults on those loans. In fact, 95% of couples with prenups keep premarital debt separate. Smart move.
Significant Asset or Income Disparity
A doctor earning $350,000 marries a teacher making $60,000. Without a prenup, many states would default to a 50/50 asset split in divorce. Their prenup establishes a fair support formula that accounts for their different contributions during marriage. Fair doesn't always mean equal.
Expected Inheritances
Got a family home, trust fund, or valuable property coming your way? A prenup for inheritance protection makes sure that stays in your family, especially if your parents are concerned about keeping assets within the bloodline.
Protecting Family Property
That third-generation bakery worth $2 million? Your family worked generations to build it. A prenup protects it by designating it as separate property. Your future spouse can still benefit from its income during marriage, but the business itself stays secure.
Still not sure? Ask yourself these questions:
- Do either of us own property, investments, or businesses?
- Does one of us earn significantly more than the other?
- Do either of us have substantial debt?
- Are we bringing children from previous relationships into this marriage?
- Is either of us expecting to receive an inheritance?
If you answered yes to any of these, it's worth the conversation. Check out our prenup pros and cons guide for a balanced analysis.
What to Include in Your Prenup (Complete Checklist)
This is where things get practical. Here's what goes into a solid prenuptial agreement that'll actually hold up if you ever need it (which hopefully you won't).
For a comprehensive breakdown, download our complete prenup checklist with everything you need.
✅ Complete Prenup Checklist
Assets & Property
List all real estate, investments, retirement accounts, vehicles
Debt Protection
Student loans, credit cards, business debts (95% keep separate)
Business Interests
Company equity, intellectual property, growth provisions
Spousal Support
Alimony terms, formulas, waivers (if enforceable)
Inheritance & Estate
Family property, trusts, future inheritances
Full Disclosure
Complete transparency = #1 requirement for validity
❌ What You CANNOT Include:
- Child custody or support (courts always decide)
- Personal lifestyle clauses (weight limits, intimacy schedules)
- Unconscionable terms (grossly one-sided agreements)
💡 The essentials every prenup should cover:
Assets and Property Division
List out everything you're each bringing into the marriage—real estate, investment accounts, retirement funds, that vintage car collection. Decide what stays separate, what becomes shared, and what happens to assets you acquire together during marriage.
Be specific. “The house” isn't enough. “The single-family home located at 123 Main Street, valued at $450,000 as of January 2025, shall remain Sarah's separate property” is what you need.
Debt Protection (95% Keep Separate)
This is huge. Credit card debt, student loans, business loans—spell out who's responsible for what. If you're marrying someone with $50,000 in credit card debt and you've got none, you probably don't want to be on the hook for that if things go south.
The good news? Most prenups keep premarital debt separate. You're not alone in wanting this protection.
Business Interests & Intellectual Property
If you own a business or professional practice, your prenup should protect it. Specify:
- The business remains your separate property
- Your spouse won't acquire ownership interest
- How you'll handle increased value during marriage
- Whether your spouse gets any compensation if they contribute to the business
Spousal Support Provisions
This is where lawyers earn their fees. You can set specific terms for alimony—or waive it entirely (though be careful here; courts in some states won't enforce complete waivers if they're too one-sided).
Some couples create formulas: “$X per year of marriage” or “maintain spouse at Y% of marital standard of living for Z years.” Get creative, but keep it fair.
Inheritance & Estate Planning
If you want to make sure your kids from a previous marriage inherit your assets, spell it out here. You can also address how you'll handle inheritances received during the marriage.
Want to see what actual prenup clauses look like? Check out our real prenup examples with specific language from real couples.
What You CAN'T Include (Legal Limitations)
Okay, but what about all those celebrity prenup clauses you've heard about? The weight limits, the infidelity penalties, the mother-in-law visit restrictions?
Here's the thing: courts don't care about most of that stuff. In fact, including clauses that won't be enforced can actually weaken your entire agreement. Learn from celebrity prenup mistakes and what famous cases teach us.
Off-limits topics:
Child Custody & Support (Always Off-Limits)
This is always decided by courts based on what's best for the child at the time of divorce. You can't pre-determine who gets custody or how much child support gets paid. The law protects kids from their parents' bad decisions—even in prenups.
Lifestyle Clauses That Won't Hold Up
“Wife must maintain weight below 130 pounds” or “Husband must have sex at least twice per week” might sound like interesting contract terms, but courts won't enforce them. They're considered too personal and potentially coercive.
Some lifestyle clauses MIGHT work—like agreeing to keep finances separate or requiring mediation before filing for divorce—but the physical/intimate stuff? Nope.
Unconscionable Terms
Anything that's grossly unfair, was signed under duress, or violates public policy is out. Courts can toss your entire prenup if they find it unconscionable. “You get nothing while I keep everything” won't fly.
Understanding what invalidates prenups is crucial—read our guide on when prenups don't hold up in court.
State-by-State Prenup Requirements
Here's where things get a bit tricky—because prenup requirements and laws vary by state. But don't worry, we're not going to bore you with 50 different state codes.
For complete details on your specific state, check our comprehensive prenup laws by state guide.
The big divide: community property vs equitable distribution
Community Property States (9 States)
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
What does this mean? Without a prenup, pretty much everything you acquire during marriage gets split 50/50 in a divorce. Your salary, investments, property—all of it.
The other 41 states use equitable distribution, which means “fair” but not necessarily “equal.” Courts look at factors like each spouse's earning capacity, contributions to the marriage, and length of marriage to divide assets.
🗺️ Community Property States (9 Total)
⚠️ What This Means: Without a prenup, all assets acquired during marriage are automatically split 50/50 in these states. Your prenup must explicitly designate what stays separate.
State-specific quirks you should know:
California
Seven-day waiting period between signing and wedding. Notarization is mandatory. If you're waiving spousal support, both parties need independent attorneys or the waiver won't hold up. California takes prenup legal requirements seriously.
New York
A 2025 court ruling means if you're waiving alimony, you need specific calculations in your prenup showing you understood what you were giving up. Just saying “I waive support” isn't enough anymore.
Florida
Follows the Uniform Premarital Agreement Act (UPAA) but with special provisions for death and inheritance. Florida prenups can address what happens when one spouse dies, not just divorce.
Texas
Community property state, but here's the kicker—Texas recognizes common law marriage. If you're living together without a prenup, you might accidentally end up in a common law marriage with no protections.
How Much Does a Prenup Cost in 2025?
Let's talk money. Because that's probably one of your biggest questions when you're figuring out how to get a prenup, right?
For a complete cost breakdown, read our detailed guide on how much a prenup costs.
Traditional Lawyer Route: $5,000-$25,000
If you go the conventional path—separate lawyers for each person, multiple meetings, negotiation back-and-forth—you're looking at serious money. The average in 2024 was about $5,000-$8,000 per person, though complex cases can hit $25,000+.
That's a lot for a document you hopefully never use.
💰 Prenup Cost Comparison 2025
💡 Potential Savings: $4,300-$24,300 + months back compared to traditional route
Online Platforms: $599 (HelloPrenup Comparison)
Here's where things have changed dramatically. Platforms like HelloPrenup now create state-compliant prenups for a flat $599 fee. Same day delivery. Average completion time? 1.5 hours.
Unlike template sites, HelloPrenup is created by licensed family law attorneys ensuring state compliance. One user reported: “The agreement was accepted by the court. In my specific case, it saved me at least $95,000.” This proves online prenups, when properly executed, hold up under judicial scrutiny.
Cost-Benefit Analysis (ROI vs Divorce Costs)
Let's break down the economics:
Traditional Attorney: $5,000-$25,000 | 3-6 months
HelloPrenup Platform: $599 flat fee | Same day
Savings: $4,300-$24,300 + months back
You're basically saving $7,000-$15,000 upfront, plus potentially tens of thousands more if you ever need to use it.
But here's the real question: What's the cost of NOT having one?
Ask Ben Affleck and Jennifer Lopez. When they married in 2022, they skipped the prenup. His net worth: $150 million. Hers: $400 million. Their 2024 divorce now involves untangling all assets acquired during those two years of marriage.
That's going to cost way more than $599.
Step-by-Step: How to Create a Prenuptial Agreement

Okay, you're convinced. Now what? Here's your roadmap for how to get a prenup done right.
Timeline (Start 6 Months Early)
This is crucial. Signing a prenup a week before your wedding is a massive red flag that screams “duress.” Courts can invalidate agreements signed too close to the wedding date. California literally requires at least 7 days between signing and marrying.
Give yourselves time. Six months is ideal.
⏰ Your 6-Month Prenup Timeline
6-4
🎯 Planning Phase
Choose and download prenup template or select platform. Begin gathering financial documentation (bank statements, assets, debts).
4-3
💬 Discussion Phase
Complete prenup template together. Have honest financial conversations about assets, debts, and expectations.
3-2
⚖️ Legal Review
Each consult with separate attorneys for review. Make any recommended adjustments to your prenup.
Days
✍️ Signing Day
Final signatures with proper witnesses or notarization. Keep copies secure. Celebrate!
⚠️ CRITICAL: Never sign less than 30 days before your wedding. California requires minimum 7 days, but courts view last-minute signatures as coercion.
Step 1: Have “The Conversation”
This is often the hardest part. But remember: 50% of Americans support prenuptial agreements now. This isn't weird or offensive anymore—it's financially responsible.
Start with something like: “I've been thinking about our financial future together, and I want to make sure we're on the same page about expectations. Can we talk about how we want to handle our finances?”
Not: “We need a prenup because I don't trust you.” (Please don't say that.)
Need help with this conversation? We've got an entire guide on how to talk about prenups with your partner without killing the romance.
Step 2: Full Financial Disclosure
Both of you need to lay all your cards on the table. List:
- All assets (bank accounts, investments, property, retirement accounts)
- All debts (student loans, credit cards, car loans, mortgages)
- Income and earning potential
- Expected inheritances
Hiding assets is the fastest way to get your prenup thrown out in court. Be honest now or regret it later.
Step 3: Decide Which Route You're Taking
Traditional attorney route:
- Each of you gets your own lawyer (this is strongly recommended)
- Lawyers draft the agreement and negotiate terms
- You review, discuss, revise
- Sign with notary present
Need help finding representation? Read our guide on how to find the best prenup lawyer for your needs.
Online platform route:
- Complete questionnaire together (1.5 hours average with HelloPrenup)
- Platform generates state-specific document
- Optional: Have independent attorneys review ($49/20 minutes)
- Sign with notary
Wondering if you can skip lawyers entirely? Read our analysis on creating a prenup without a lawyer and the associated risks.
Step 4: Draft and Negotiate
This takes time. Don't rush it. You're creating the financial foundation for your marriage—it's worth getting right.
Expect several rounds of revisions. This is normal. If you're not both comfortable with every clause, keep working on it.
Want a starting point? Download our free prenuptial agreement template to see what goes in each section.
Step 5: Sign with Proper Formalities
Both of you must sign voluntarily, with full understanding of what you're agreeing to. Most states require notarization. Some require witnesses.
Make sure you:
- Sign in front of a notary public
- Both receive signed copies
- Keep copies in safe places
- Don't sign under any kind of pressure or time constraint
Understanding prenup legal requirements ensures your agreement will be enforceable.
How to Talk About Prenups (Without Starting World War III)

Let's be real: bringing up prenups is awkward. But it doesn't have to be relationship-ending.
For detailed conversation scripts and strategies, check our complete guide on talking about prenups with your partner.
Scripts that actually work:
Opening line #1:
“I love you and I'm excited about building a life together. Part of that means being honest about our finances and what we each expect. Can we have a conversation about how we want to handle money in our marriage?”
Opening line #2:
“My [financial advisor/parent/friend] mentioned prenups, and honestly, I think it makes sense for us to at least talk about whether it's something we should consider. What are your thoughts?”
Opening line #3:
“I read that 47% of millennials are getting prenups now, and it got me thinking about our own financial situation. Would you be open to discussing whether it makes sense for us?”
Handling Common Objections
“You're planning for our divorce!”
Response: “Would you say life insurance means you're planning to die? This is about being responsible adults who talk openly about money. Actually, 83% of couples who went through this process said they felt closer afterward because they had to be so honest with each other.”
“It's not romantic.”
Response: “You know what's not romantic? Fighting about money, which is the leading cause of divorce. What IS romantic is trusting our relationship enough to have these tough conversations now.”
“We don't have enough money to need one.”
Response: “The average person with a prenup has a net worth of $78,000 and about $30,000 in debt. This isn't about being wealthy—it's about protecting ourselves from each other's liabilities and being clear about expectations.”
“This means you don't trust me.”
Response: “Actually, this requires incredible trust. We're doing full financial disclosure, making ourselves completely vulnerable. If anything, being willing to have this conversation shows we trust each other enough to be honest.”
Reframe It as a Positive
Instead of “protecting yourself FROM your partner,” frame it as “protecting your partnership together.” You're creating clarity, avoiding future conflicts, and starting your marriage with complete financial transparency.
That's a strength, not a weakness.
Prenup vs Postnup: Which Is Right for You?
Okay, but what if you're already married? Is it too late?
Not exactly. Enter: the postnuptial agreement.
For a complete comparison, read our detailed prenup vs postnup guide.
The basic difference:
Prenup: Signed before marriage
Postnup: Signed after you're already married
Both do basically the same thing—divide assets, address support, protect separate property. But there's a catch.
Courts scrutinize postnups way more carefully than prenups. Why? Because when you sign a prenup, you're still independent people making an arms-length agreement. When you sign a postnup, you're already in a fiduciary relationship with each other.
Translation: courts worry that one spouse might be pressuring or manipulating the other after marriage.
When a Postnup Makes More Sense
- You forgot/didn't have time to do a prenup before marriage
- Your financial situation changed dramatically during marriage (inheritance, business success, etc.)
- You're trying to reconcile after marital problems and want clarity
- One spouse is starting a business and wants to protect it
Learn about modifying your prenup after marriage if circumstances change.
When a Prenup Is Better
Pretty much always, if you're not married yet. Seriously. Prenups are easier to enforce, face less scrutiny, and avoid the whole “why now?” question that postnups raise.
If you're engaged, do the prenup. If you're already married and need one, postnup is your option—just know it'll need to be extra solid to hold up.
Common Prenup Mistakes That Invalidate Agreements
Here's where people screw up—and end up with expensive pieces of paper that courts throw out.
For a comprehensive breakdown, read our guide on common prenup mistakes to avoid.
⚠️ Top 6 Prenup Mistakes That Void Agreements
Mistake #1: Signing Too Close to the Wedding (Red Flag)
Remember that California 7-day rule? Some couples sign the morning of their wedding. That's a massive red flag for duress.
Courts think: “Did they really have a choice, or did they feel pressured because the wedding was hours away?”
Start early. Six months before is ideal.
Mistake #2: Incomplete Financial Disclosure
Hiding assets is the #1 way to get your prenup invalidated. If your partner discovers later that you “forgot” to mention your $500,000 investment account, that prenup is toast.
Full disclosure isn't optional. It's legally required.
Mistake #3: One-Sided Terms
If your prenup gives you everything and your spouse nothing, courts call that “unconscionable.” They can throw out the whole agreement.
Fair doesn't mean equal—but it can't be grossly one-sided either.
Mistake #4: No Independent Attorneys
Can you do a prenup without lawyers? Technically yes in most states. Should you? Probably not.
When one party doesn't have their own lawyer, courts worry about coercion and lack of understanding. If you're trying to enforce an agreement where your spouse had no counsel, expect challenges.
The exception: some states (California especially) REQUIRE independent attorneys if you're waiving spousal support.
Mistake #5: Using Messy Language
Remember Kelsea Ballerini? The country singer discovered her prenup had “messy alimony language” during her 2023 divorce that forced an impossible choice: give up half her home OR pay spousal support.
The lesson? Crystal-clear language isn't optional. It's essential.
Work with a professional to make sure every clause says exactly what you mean, with no ambiguity.
Mistake #6: Forgetting to Update It
Life changes. Your prenup should too. If you have kids, start a business, receive an inheritance, or move to a different state, review your agreement.
Many couples add “sunset clauses” that expire after a certain time or after certain events (like having children). That's fine—just make sure it's intentional.
Explore Our Complete Prenup Series
Okay, we've covered a lot of ground in this prenuptial agreement guide. But here's the thing—this is just the overview. We've created an entire series of in-depth guides for specific situations and questions.
Foundational Guides
📖 What Is a Prenuptial Agreement? – Deep dive into definitions, history, and what these contracts actually do
📝 Free Prenuptial Agreement Template – Download our state-specific templates and understand what goes in each section
💰 How Much Does a Prenup Cost? – Complete pricing breakdown for traditional vs online options
Legal & Process Guides
👨⚖️ Finding the Best Prenup Lawyer – How to choose the right attorney for your situation
🗺️ Prenup Laws by State – State-specific requirements, waiting periods, and quirks for all 50 states
📋 Legal Requirements for Valid Prenups – What makes a prenup enforceable (and what gets them thrown out)
✅ Complete Prenup Checklist – Everything you need to include for a solid agreement
Decision-Making Resources
⚖️ Prenup Pros and Cons – Honest breakdown of benefits and drawbacks
💬 How to Talk About a Prenup – Conversation scripts and handling objections
🕐 Prenup vs Postnup – Which timing is right for your situation
Specialized Situations
💼 Prenups for Business Owners – Protecting your company and intellectual property
🏠 Prenup for Inheritance Protection – Keeping family property in the family
📊 Real Prenup Examples – Actual clause language from real couples
❌ Common Prenup Mistakes – What invalidates agreements (and how to avoid it)
🔧 Modifying Your Prenup – How to update your agreement after marriage
Advanced Topics
⚖️ When Prenups Don't Hold Up – Court challenges and how to avoid them
🌍 International Prenuptial Agreements – Cross-border protection and enforcement
🎭 Celebrity Prenup Lessons – What famous cases teach us
💒 Religious & Cultural Prenups – How different faiths approach marriage contracts
🔄 Prenup Alternatives – Other ways to protect your finances
📜 Prenup vs Will – Understanding how these documents work together
DIY Resources
🛠️ Can You Create a Prenup Without a Lawyer? – DIY considerations and risks
Seriously, we've thought of everything. Whatever your specific situation or question about prenuptial agreements, we've got a guide for it.
Frequently Asked Questions
How long does a prenup last?
Forever, unless you include a “sunset clause” that makes it expire after a certain time (like 10 or 20 years of marriage) or after certain events (having children, retirement, etc.). You can also modify or revoke your prenup later by creating a postnuptial agreement—both parties just need to agree.
Do prenups expire automatically?
Not unless you include a sunset clause. Some couples say “this agreement expires after 10 years of marriage” or “upon the birth of our first child.” That's fine if you both agree to it. Without a sunset clause, your prenup lasts indefinitely (or until you modify it with a postnup or get divorced).
Can prenups cover future assets acquired during marriage?
Yes. In fact, they should. Your prenup can address how you'll handle assets you acquire during marriage, including salary, investments, property purchases, and business growth. Without a prenup, state law determines how these get divided.
What happens if we move to a different state after signing?
Good question. Prenups are generally recognized across state lines, but different states interpret them differently. If you move from an equitable distribution state to a community property state (or vice versa), you might want to review your agreement with a local attorney to make sure it still works the way you intended.
Do we both need separate lawyers for a prenup?
Legally required? Usually no (though California requires it if you're waiving spousal support). Strongly recommended? Absolutely yes. When each person has their own attorney, courts are much more likely to enforce the prenup because it shows both parties understood what they were signing and neither was pressured or manipulated.
Can a prenup address what happens when someone dies?
It depends on your state. Some states (like Florida) allow prenups to include provisions for death and inheritance. Others don't. You'll probably also want a will and possibly a trust to fully address estate planning. Your prenup and will should work together, not contradict each other.
What if one of us doesn't want to disclose everything?
Then you can't have a valid prenup. Full financial disclosure isn't optional—it's legally required. If you hide assets and your spouse discovers them later, they can challenge the entire agreement. Courts don't reward dishonesty.
Can we include a cheating clause in our prenup?
Maybe, but it's risky. Some states allow infidelity clauses that affect property division or support. Others won't enforce them because they're considered “lifestyle clauses.” Even in states where they're allowed, they're hard to enforce because you need to prove infidelity actually happened. Talk to a lawyer in your state about whether this makes sense.
What makes a prenup get thrown out in court?
The main reasons courts invalidate prenups: incomplete financial disclosure, signing under duress (too close to the wedding), grossly unfair terms, lack of independent counsel, fraud or coercion, and failure to follow state formalities (like notarization). Avoid these mistakes and your prenup should hold up.
How detailed should our prenuptial agreement be?
Very. Vague language causes problems. “The house” isn't enough—specify the address, current value, and who owns it. “Separate property” needs definition—does that mean only premarital assets, or also inheritances? Does it include growth/appreciation? The more specific you are now, the fewer arguments later.
Can we modify our prenup after signing?
Yes, but you'll need to create a postnuptial agreement (an amendment to your prenup, signed after marriage). Both parties have to agree to any changes. You can't unilaterally change a prenup—it's a contract between two people.
What's the difference between UPAA and UPMAA?
The Uniform Premarital Agreement Act (UPAA) was created in 1983. The Uniform Premarital and Marital Agreements Act (UPMAA) updated it in 2012. Most states follow one of these model laws, though each state modifies them. The main update in UPMAA was adding provisions for postnuptial agreements and strengthening protections against unfair agreements.
Can prenups cover student loans and debt?
Absolutely, and they should if either of you has significant education debt. You can specify that premarital student loans remain the sole responsibility of whoever incurred them. This protects the debt-free spouse from liability. In fact, 95% of couples with prenups keep premarital debt separate.
What if we can't afford a lawyer for each of us?
This is tough. Having separate attorneys is the gold standard for enforceability. But if budget is an issue, consider:
- One of you gets an attorney who drafts it, the other gets an attorney to review it (cheaper than two full representations)
- Use an online platform like HelloPrenup ($599) and pay for independent reviews ($49/20 minutes)
- Save up and wait—better to delay your wedding slightly than have an unenforceable prenup
Just know: the risk of not having separate counsel is higher chance of the prenup being challenged later.
Can international couples get prenuptial agreements?
Yes, but it's complicated. If you're from different countries or plan to live abroad, you might need prenups in multiple jurisdictions. Some countries don't recognize US prenups, and vice versa. Work with attorneys in both countries to create consistent agreements. We've got a complete guide on international prenuptial agreements for cross-border situations.
Do prenups cover child custody or child support?
No. Child custody and support are always decided by courts based on what's best for the child at the time of divorce or separation. You cannot pre-determine these issues in a prenup. Any clauses attempting to do so will be invalid and could weaken your entire agreement.
How much does it cost to create a prenuptial agreement?
Traditional prenups with separate attorneys typically cost $5,000-$25,000 total (both parties). Online platforms like HelloPrenup offer state-compliant prenups for $599. For a complete cost breakdown, see our detailed prenup cost guide.
What are prenup alternatives if we don't want a full agreement?
Options include cohabitation agreements (for unmarried couples), postnuptial agreements (after marriage), separate property agreements, trusts, and strategic titling of assets. Each has pros and cons. Check our guide on prenup alternatives for complete details.
Can we use a free prenuptial agreement template?
You can download free templates to understand what should be included, but using one without attorney review is risky. Every state has different requirements, and a generic template won't address your specific situation. Our free prenuptial agreement template provides a starting point, but we strongly recommend having it reviewed by a lawyer.
How do religious prenups work?
Many faiths have their own forms of marriage contracts—like the Jewish ketubah or Islamic mahr. These can complement legal prenups but don't replace them. Religious agreements may not be enforceable in civil courts. Learn more about religious and cultural prenups and how they interact with legal agreements.
What are the prenup requirements in my state?
Requirements vary significantly. Most states require written agreements, voluntary signing, full financial disclosure, and notarization. Some have waiting periods (California: 7 days). For your specific state, check our complete prenup laws by state guide.
Next Steps: Protecting Your Financial Partnership
Look, we get it. This prenuptial agreement guide covers a lot of ground. Prenups touch on money, law, relationships, and your future—all sensitive topics.
But here's what I hope you take away from this: prenups aren't pessimistic. They're not planning for divorce. They're not signs of distrust.
They're tools for clarity, protection, and honest communication. They're about entering marriage with your eyes wide open, knowing exactly what your partnership means financially.
And the stats back this up: 50% of Americans support prenuptial agreements now. 47% of millennials and 41% of Gen Z couples are signing them. 52% are now initiated by women. This isn't fringe behavior—it's mainstream financial planning.
📊 Prenup Trends 2010-2025
Generational Breakdown:
💡 Key Insight: 50% of US adults now support prenuptial agreements—a massive cultural shift from even a decade ago.
The cost barrier has collapsed. The stigma is fading. The accessibility is there.
💡 Bottom Line: Whether you use a traditional attorney or a modern platform like HelloPrenup, the key is having the conversation and protecting your partnership. The peace of mind is worth it.
So what's your next step?
If you're engaged and considering a prenup:
- Have the initial conversation with your partner this week
- Start gathering financial information (assets, debts, income)
- Decide whether you want the traditional attorney route or a modern platform
- Begin the process at least 6 months before your wedding
If you're already married but wish you had one:
- Research postnuptial agreements in your state
- Have an honest conversation with your spouse about why this matters now
- Consult with a family law attorney about creating a postnup
If you're still deciding whether you need one:
- Read through our specialized guides for your specific situation (business owner, inheritance, second marriage, etc.)
- Use the self-assessment questions in this prenuptial agreement guide
- Download our complete prenup checklist
- Talk to a financial advisor or attorney about your particular circumstances
Remember: the best time to have these conversations is before you need them. You hopefully never will need to enforce your prenup—but if you do, you'll be incredibly grateful you had it.
Your financial partnership deserves the same care and planning as your romantic one.
Let's start talking about money the way we talk about everything else in relationships: openly, honestly, and with trust.
Ready to get started? Create your state-compliant prenup for $599 with HelloPrenup (vs $8,000+ traditional), read our complete guide series, or talk to a qualified attorney in your state.
Whatever you choose, you're taking a smart, responsible step toward protecting your partnership. And that's something to feel good about.