Common Prenup Mistakes That Could Cost You (And How to Avoid Them)

You've found your person. You're planning the wedding. The venue is booked, the dress is ordered, and you're floating on cloud nine. And then someone mentions a prenup.

Suddenly, what should be a practical conversation feels… uncomfortable. Maybe even scary. Like you're planning for failure before you've even started. Here's the truth: while 47% of millennials now get prenups, many still make common prenup mistakes that can render their agreement completely useless in court.

Let me explain what I mean. A prenuptial agreement isn't just a piece of paper you sign and forget about (though many couples treat it that way). It's a legal contract that needs to meet specific requirements, or a judge can toss it out the window faster than you can say “I do.”

The good news? Most prenup mistakes are entirely preventable. Whether you're starting from scratch or reviewing a draft your partner's uncle's lawyer friend whipped up, knowing what not to do is just as important as knowing what to include.

So grab a coffee (or something stronger—no judgment here), and let's walk through the seven most common prenuptial agreement mistakes that could cost you everything. I promise, by the end, you'll feel way more confident about this whole process.

Why Prenup Mistakes Matter More Than You Think

Okay, but why should you care about prenup mistakes? Can't you just fix them later if something goes wrong?

Well, here's the thing. When prenups fail, they fail spectacularly. We're not talking about minor tweaks or amendments. We're talking about your entire agreement getting thrown out by a judge, leaving you with zero protection—exactly when you need it most.

Think about it this way: you wouldn't build a house without checking if the foundation meets building codes, right? Same principle applies here. A prenup with critical errors is basically a house built on sand. It might look solid now, but wait until the first storm hits (aka a divorce proceeding).

And the stakes? They're higher than most people realize. Consider this: 40-50% of first marriages end in divorce. That's roughly half. Now, of the 85% of people who've been married and never signed a prenup, many wish they had. Especially when they're sitting in a lawyer's office years later, watching their retirement savings get divided in ways they never imagined.

Here's what really gets me: 62% of divorce attorneys report an increase in prenup requests over the past three years. More people are waking up to the importance of prenups. But (and this is a big but), more prenups doesn't automatically mean more good prenups. In fact, courts throw out prenups regularly for preventable mistakes.

The bottom line? A prenup mistake doesn't just waste your time and money—it can leave you completely unprotected during a divorce. And trust me, that's not a situation you want to find yourself in.

Mistake #1: Waiting Until the Last Minute

Let's start with the most common mistake I see: the “let's squeeze this in before the wedding” approach.

Picture this: You're two weeks away from your big day. The final headcount is due, your in-laws are flying in, and someone suddenly remembers, “Oh yeah, we should probably do that prenup thing.” So you download a template, fill it out over takeout, both sign it, and boom—done. Right?

Wrong. So, so wrong.

Why Timing Destroys Prenups

Here's what most couples don't realize: courts care a lot about when you signed your prenup. Why? Because they're looking for signs of prenup coercion. Did one person pressure the other into signing by threatening to cancel the wedding? Was there even enough time to read and understand what they were signing?

When you wait until the last minute, judges get suspicious. And I'm not talking about signing a month before your wedding (though that's cutting it close). I'm talking about the danger zone: signing a prenup too close to the wedding—anything within 30 days of your ceremony.

Courts have repeatedly thrown out prenups signed within this window, citing potential coercion. Think about it from a judge's perspective: Your partner hands you a 20-page legal document two weeks before 200 guests are about to watch you get married. You've already paid deposits, sent invitations, and maybe even quit your apartment. What are you going to do—cancel everything? That's not exactly a “voluntary” signature.

The “6-Month Rule” You Need to Know

So when should you start the prenup process? As early as possible, basically.

Most divorce attorneys recommend the six-month rule: start prenup discussions at least six months before your wedding date. Now, I know what you're thinking—”Six months?! That's forever away!” But here's why it matters.

First, it shows good faith. When you bring up a prenup early in your engagement, it demonstrates that you're not trying to pressure your partner. You're giving them plenty of time to think, ask questions, get their own lawyer (more on that in a minute), and negotiate terms they're comfortable with.

Second, it actually makes the conversation easier. When you're not racing against a deadline, prenup discussions feel less like an ultimatum and more like… well, a normal part of wedding planning. (Okay, “normal” might be a stretch, but you get what I mean.)

Let me give you a real example. Sarah and Tom got engaged in September with a June wedding planned. They started prenup discussions in November—nine months out. By January, they had both hired separate attorneys, reviewed multiple drafts, and signed their final agreement. Five months before the wedding. Zero pressure. No drama.

Compare that to couples who bring it up in May for a June wedding. Suddenly you're coordinating two attorneys, reviewing complex financial disclosures, and negotiating terms—all while finalizing seating charts and arguing about centerpieces. Not fun.

The takeaway? Start early. Like, really early. Your future self will thank you.

Mistake #2: Hiding Assets or Incomplete Financial Disclosure

Alright, let's talk about the mistake that tanks more prenups than almost any other: failing to disclose assets in a prenup. Or as I like to call it, “the financial hide-and-seek that nobody wins.”

Here's the deal: prenups are built on a foundation of transparency. Both parties need to know exactly what they're agreeing to protect (or divide). When one person hides assets—whether intentionally or accidentally—the whole agreement crumbles.

And I'm not exaggerating. Even one undisclosed asset can invalidate a prenup for fraud or misrepresentation. Doesn't matter if you “forgot” about that old 401k from your first job or deliberately failed to mention your offshore account. The result is the same: your prenup becomes legally worthless.

What “Full Disclosure” Really Means

When attorneys talk about “full financial disclosure,” they mean everything. And I mean everything.

Here's what needs to be on the table—these are the prenup disclosure requirements:

Bank accounts (checking, savings, money market—all of them) Retirement accounts (401k, IRA, pension plans, even that Roth IRA you opened in college and forgot about) Investment accounts (stocks, bonds, mutual funds, crypto—yes, your Bitcoin counts) Real estate (your home, that rental property, the vacation condo you co-own with your siblings) Business interests (sole proprietorships, LLC ownership, partnership stakes) Debts (student loans, credit card debt, car loans, that money you borrowed from your parents) Expected inheritances (if your grandparents have promised you their estate, disclose it) Valuable personal property (art collections, jewelry, vintage cars—anything worth serious money)

Notice I included debts there? Yeah, full disclosure goes both ways. You can't hide your assets while conveniently forgetting to mention your $80,000 in student loans. That's not how this works.

Real Consequences of Hidden Assets

Let me tell you what happens when people try to hide assets. Spoiler alert: it never ends well.

Say you “forget” to mention that investment account your parents set up for you years ago. Maybe it's only got $15,000 in it. Seems minor, right? Fast forward to divorce proceedings five years later. Your spouse's attorney does some digging (and trust me, they will dig), discovers the account, and brings it to the judge's attention.

Now what? Well, the judge doesn't just add that $15,000 to the marital pot. Nope. They throw out your entire prenup because you failed to disclose assets. Suddenly, all those protections you thought you had—your business, your inheritance, that rental property—they're all back on the table for division. All because you didn't mention a relatively small investment account.

Or here's another scenario I've seen play out: One spouse discovers post-divorce that their ex had a hidden offshore account. Turns out the prenup they signed was based on incomplete information. What happens? The prenup gets invalidated retroactively, and the court redistributes assets as if the prenup never existed. Plus, the person who hid the assets often faces additional penalties for fraud.

The lesson? Don't hide anything. Not your checking account. Not your crypto wallet. Not that savings bond your grandmother gave you. Nothing. Because the temporary discomfort of full disclosure is way better than the permanent disaster of an invalidated prenup.

(And if you're worried your partner will judge you for your debts or freak out about your assets—well, that's a relationship conversation you need to have anyway. Better now than during divorce proceedings, I promise.)

Mistake #3: Skipping Independent Legal Counsel

This one makes divorce attorneys everywhere cringe: “Can't we just use one lawyer to save money?”

Short answer: No. Absolutely not. Never.

Longer answer: Let me explain why creating a prenup without a lawyer (or sharing one lawyer) is such a terrible idea.

Why “One Lawyer for Both” Never Works

Here's the thing about lawyers: they can only represent one client at a time. That's not a suggestion—it's an ethical requirement. When you hire an attorney, their job is to advocate for your interests, not your partner's.

So when couples try to share one lawyer for their prenup, what actually happens? That lawyer represents one person (usually whoever hired them), and the other person is left without representation. Which means the unrepresented person is signing a legal contract without understanding their rights, what they're giving up, or whether the terms are even fair.

And guess what courts think about that? They hate it. Judges see “one lawyer for both parties” as a massive red flag that the unrepresented spouse didn't truly understand or voluntarily agree to the prenup terms. Which is grounds for—you guessed it—throwing the whole thing out.

I know what you're thinking: “But we agree on everything! We don't need two lawyers!” That's sweet, really. But here's the reality: you might think you agree now, but a good attorney will spot issues and imbalances you haven't even considered. That's literally their job.

Plus, having two attorneys doesn't mean you're planning for conflict. It means you're both getting proper advice and protection. Think of it like this: you wouldn't skip hiring a home inspector just because the seller seems nice, right? Same principle.

Cost vs. Protection Trade-off

Okay, but let's address the elephant in the room: hiring two lawyers is expensive. The average cost of a prenuptial agreement with traditional attorneys? Around $8,000 total (that's roughly $4,000 per person, though it varies).

For a lot of couples, especially younger ones, that's a huge chunk of money. Maybe you're already dropping serious cash on the wedding. Maybe you're saving for a house down payment. Eight grand for a prenup can feel impossible.

And honestly? I get it. That's a valid concern.

Here's where things get interesting though. You've got options now that didn't exist ten years ago. Online platforms have disrupted the traditional prenup model pretty significantly. Some platforms guide you through creating a state-compliant prenup for around $599, and you can add attorney review à la carte if you want extra protection.

Now, is that as comprehensive as two full-service attorneys negotiating back and forth? No. But is it better than sharing one lawyer or going completely DIY with a free template? Absolutely. Finding the best prenup lawyer or choosing the right platform for your situation matters tremendously.

The key is this: both parties still need to understand what they're signing. Whether that means hiring traditional attorneys, using an online platform with built-in explanations, or starting with a platform and then having separate attorneys review the final draft—there's no scenario where only one person gets legal advice and the other just signs blindly.

At minimum—and I really want to stress this—each person should at least have a consultation with their own attorney before signing. Even if you can't afford full representation, a one-hour consultation can spot red flags and ensure you understand what you're agreeing to. That's money well spent.

Because here's the math that really matters: spending $1,000-$8,000 now for proper legal counsel might feel expensive. But if your prenup gets thrown out during divorce because you didn't have independent representation? You could lose exponentially more. We're talking hundreds of thousands or even millions, depending on what assets are involved.

So yeah, two lawyers costs money. But it's an investment in protecting your future. And when you frame it that way, it starts to feel a lot more reasonable.

Mistake #4: Including Unenforceable or Illegal Clauses

This is where things get really interesting. Because some couples, in their enthusiasm to cover everything, start adding clauses that… well, let's just say they won't hold up in court.

I'm talking about clauses like “If you gain more than 10 pounds, you forfeit alimony” or “Whoever cheats loses everything” or “My mother gets to visit every Sunday regardless of circumstances.” Creative? Sure. Legal? Not even close.

What You Can't Include in a Prenup

Here's what most people don't realize: there are hard limits on what makes a prenup invalid. Courts won't enforce certain provisions, period. And worse, including these unenforceable clauses can sometimes taint your entire agreement.

So what's off-limits?

Child custody and child support: This is the big one. You absolutely cannot predetermine prenup child custody clauses or child support amounts in a prenup. Why? Because courts decide these issues based on the child's best interests at the time of divorce—not what you agreed to years earlier. Any clause attempting to control child-related matters is automatically unenforceable and can raise questions about the validity of your whole prenup.

Anything illegal: Seems obvious, but I've seen prenups with clauses requiring illegal activities or waiving someone's right to report crimes. Yeah, those don't fly.

Personal behavior clauses: Weight requirements, sexual frequency mandates, housework divisions—courts generally won't enforce “lifestyle” clauses. Some states might allow unfair prenup terms around infidelity (where cheating triggers financial penalties), but it's murky territory and many judges refuse to enforce them.

Unconscionable provisions: If a clause would leave one spouse completely destitute or on government assistance, courts will void it. There's a fairness threshold that prenups have to meet—we'll talk more about unconscionable prenup agreements in the next section.

Waivers of certain rights: Some states don't allow you to completely waive spousal support. Others limit what you can say about property division. It varies by state, which is why state-specific guidance matters.

Child Custody and Support Red Flags

Let me drill down on the child custody issue because it trips up so many couples.

I get why people want to include it. You're thinking ahead. Maybe you've already discussed that you'd want joint custody if you split, or maybe one of you travels constantly for work and it makes sense for the other parent to have primary custody. So you figure, “Let's just put that in the prenup and save ourselves future arguments.”

But here's what happens: Fast forward to divorce. Your circumstances have completely changed. Maybe the partner who traveled for work now has a remote job. Maybe the kids are in a crucial school year. Maybe one parent has developed a substance abuse issue. Whatever the situation, the court needs to evaluate what's actually best for the children right now—not what you speculated about years ago before the kids even existed.

If your prenup tries to dictate custody or support, the judge will ignore those provisions. And depending on your state, they might question whether other parts of your prenup are valid too. Why risk your entire agreement over provisions that won't be enforced anyway?

Same goes for child support. States have formulas for calculating child support based on income, custody arrangements, and the children's needs. You can't contract around those formulas in a prenup. The court will calculate support according to state law regardless of what your prenup says.

Bottom line: Keep your prenup focused on property, assets, debts, and spousal support. Leave everything related to children out of it. That stuff gets decided if and when divorce happens, based on current circumstances—as it should be.

Mistake #5: Creating a One-Sided Agreement

Alright, let's talk about balance. Because prenups that heavily favor one person over the other? They don't last long in court.

This is where the legal concept of “unconscionability” comes into play. And yeah, I know that's a mouthful. Basically, it means a one-sided prenup agreement so unfair that enforcing it would shock the conscience of the court. Think of it as the legal system's way of saying, “Wait, this is wildly unjust. We're not enforcing this.”

The Unconscionability Test

So what makes a prenup unconscionable? Courts look at a few factors.

Unfair terms: If the agreement would leave one spouse destitute while the other lives in luxury post-divorce, that's a problem. For example, if one spouse waives all rights to property and spousal support, and they'd end up homeless and on welfare while their ex keeps millions—a judge will likely void that prenup.

Unequal bargaining power: Was one person in a significantly weaker position when signing? Maybe they're not a native English speaker and didn't fully understand the document. Maybe one person is sophisticated financially while the other has no business experience. If there's a huge imbalance and one person took advantage of it, courts get concerned.

Lack of independent counsel: We covered this already, but it's worth repeating. If one person had a lawyer and the other didn't, that imbalance makes a prenup more likely to be deemed unconscionable.

Inadequate time to review: Back to the timing issue. If someone was pressured to sign without adequate time to understand the terms or consult an attorney, that weighs toward unconscionability.

Now here's the tricky part: what counts as “unconscionable” varies by state and by individual case. There's no bright-line rule. But generally, if your prenup would result in one spouse being significantly disadvantaged—especially if they didn't have proper representation or time to review—you're in dangerous territory.

Balance Is Key

So how do you avoid the unconscionability trap? Make sure your prenup is reasonably balanced.

That doesn't mean everything has to be split 50/50. Prenups can absolutely favor one person over what divorce law would normally provide—that's kind of the point. But there's a difference between “I'm protecting my business that I built before marriage” and “You get nothing, ever, under any circumstances.”

Here's a practical example: Say one partner comes into the marriage with a successful company worth $5 million. They want to protect that asset. A reasonable prenup might say, “The business and any appreciation in its value remains my separate property. However, if we're married for more than 10 years, my spouse receives $500,000 in recognition of their support during our marriage.”

Is that equal? No. The person with the business keeps most of its value. But is it fair enough that a court would likely uphold it? Yeah, probably. The spouse without the business isn't left with nothing, there's consideration for long-term marriages, and there's some balance.

Compare that to: “I keep my $5 million business and all other assets. You waive all claims to anything I own or earn, now and forever, and you waive spousal support under any circumstances.” That's the kind of one-sided agreement that makes judges uncomfortable.

The goal isn't perfect equality. It's reasonable fairness. Both people should walk away from the prenup process feeling like the agreement protects legitimate interests without completely screwing over one party. If you're dictating terms that leave your partner with nothing while you keep everything—even if they technically “agree”—don't be surprised when a judge tosses your prenup later.

Mistake #6: Poor Execution and Technical Errors

Okay, we've covered a lot of big-picture mistakes. Now let's get into the nitty-gritty: prenup technical errors. Because you can have perfectly fair terms and still end up with an invalid prenup if you mess up the formalities.

I know, I know. The technical stuff isn't sexy. But it matters. A lot.

The Writing Requirement

First up: a prenup not in writing is not a prenup at all. Period. No exceptions.

You can't have a verbal prenup agreement. You can't text your fiancé “I agree to keep our assets separate” and call it legally binding. You can't shake hands over dinner and consider yourselves protected. It. Must. Be. Written.

This seems obvious, but I've actually seen situations where couples discussed prenup terms extensively, agreed on everything verbally, and then just… never actually wrote it down and signed it. Then years later during divorce, one person tries to argue “But we agreed to XYZ!” Doesn't matter. If it's not in writing and properly executed, it doesn't exist in the eyes of the law.

So step one: get your prenup in writing. Typed, printed, clear, and comprehensive.

Notarization and Witness Rules by State

Here's where things get a bit complicated because prenup legal requirements vary by state. Some states require notarization. Some require witnesses. Some require both. Some require neither but it's still a good idea.

Let me break down the common patterns:

Notarization: Many states require your prenup to be notarized, meaning a notary public watches you both sign and then adds their official seal. Why? It helps prevent fraud and proves that the people signing are actually who they claim to be. Even in states where it's not required, getting your prenup notarized is smart because it adds an extra layer of validity.

Witnesses: Some states require one or more witnesses to watch you sign (in addition to or instead of notarization). These need to be disinterested third parties—not your mom, not your best friend who's in the wedding, nobody who has a stake in your marriage or finances.

Recording: A handful of states require you to record (file) your prenup with a government office, similar to how you'd record a deed. This is pretty rare, but if you're in one of those states and you skip this step, your prenup might not be valid.

The lesson here? Check your state's specific requirements. And when in doubt, over-comply. If your state doesn't technically require notarization but allows it—get it notarized anyway. If witnesses aren't required but permitted—get witnesses anyway. The small extra effort now can save you massive headaches later.

Also, this is yet another reason why using a platform or attorney familiar with your state's laws matters. A California prenup doesn't work exactly like a Texas prenup. A New York prenup has different requirements than a Florida one. Generic templates often miss these state-specific nuances, which can render your entire agreement invalid.

Don't let technical execution errors torpedo an otherwise solid prenup. Cross your T's, dot your I's, and follow your state's formalities to the letter.

Mistake #7: Using DIY Templates Without Review

Alright, final mistake: the “download a free prenup template and call it done” approach.

Look, I understand the appeal. Free is free, right? You're already spending a fortune on the wedding. Maybe you don't have $8,000 lying around for attorneys. So you Google “free prenup template,” download a PDF, fill in the blanks, sign it, and consider yourselves protected.

I get why people do this. But here's the harsh reality: DIY prenup mistakes have one of the highest failure rates when challenged in court. Why? Because they're missing critical state-specific provisions, they're often filled out incorrectly, and couples don't understand what they're actually agreeing to.

The $599 vs $8,000 Reality

Let's talk numbers for a second because this is where a lot of couples make a calculated gamble.

Traditional route: Hire two separate attorneys, have them negotiate back and forth, review multiple drafts, maybe go through a few rounds of revisions. Total time: 1-3 months. Total cost: $8,000 on average (varies widely by location and complexity—could be $3,000 in some areas, could be $15,000+ in major cities or for complex estates).

DIY route: Download a free template, fill it out yourselves, maybe watch a YouTube video for guidance. Total time: A few hours. Total cost: Free to maybe $50 if you use a paid template site.

The middle ground: Use an online platform that guides you through creating a state-specific prenup, includes explanations of each clause, and maybe offers optional attorney review. Total time: A few days to a week. Total cost: $599-$1,500 depending on the platform and add-ons.

So which is best? Well, it depends.

If you've got complex finances—multiple properties, business interests, significant assets, previous marriages with kids—you probably need the traditional attorney route. The cost sucks, but the stakes are high enough that professional negotiation and drafting is worth it.

If your situation is relatively straightforward—you're both young, limited assets, maybe protecting one person's student loan debt or a family gift—an online platform can work well. Platforms like HelloPrenup offer state-compliant prenups for $599 (compared to the $8,000 average with traditional lawyers), with the option to add attorney review à la carte. Over 52% of their users are women taking initiative for their financial future, and 75% are ages 18-39—modern couples looking for accessible solutions. The key is that both parties still need to understand what they're signing and ideally have at least a consultation with an attorney before finalizing.

Free DIY templates? Hard pass in most situations. They're not state-specific, they're often outdated, and they don't explain what anything means. It's like trying to remove your own appendix after watching a surgery video—sure, you might get through it, but the odds of something going very wrong are way too high.

When DIY Works (And When It Doesn't)

Let me be clear: creating a prenup without a lawyer isn't always a disaster. But it only works under specific circumstances.

When DIY might work:

• Your situation is simple (limited assets, no businesses, no kids, similar income levels)
• You're using a reputable platform (not a random free template) that's state-specific
• Both parties understand the legal terminology and implications
• You have at least one attorney review the final document before signing
• You're giving yourselves plenty of time—not rushing this two weeks before the wedding

When DIY definitely doesn't work:

• Complex assets or business interests
• Significant income disparities
• Previous marriages or kids from previous relationships
• International assets or citizenship issues
• Inheritance or trust situations
• One party doesn't fully understand what they're signing
• You're rushing it
• You're using a generic template that's not tailored to your state's laws

Here's an example of DIY done right: Emma and Jake, both 28, are getting married in 11 months. Neither has significant assets yet, but Emma is starting a tech company and wants to protect it. They use an online platform to create a prenup, spend $599, take their time working through each section over a few weeks, and then each pay an attorney $500 for a one-hour consultation to review the final document before signing. Total cost: about $1,600. Total time: Two months, no rush. Result: A solid prenup that's appropriately tailored to their situation and budget.

Compare that to: Brad and Michelle download a free template three weeks before their wedding, fill it out in one evening while watching Netflix, sign it without either of them really understanding the legal language, skip notarization because it seems optional, and file it away. Result: A prenup that's probably invalid for multiple reasons and will get thrown out if ever challenged.

See the difference?

Bottom line: If you're going to go the DIY or online platform route, do it right. Use a reputable service, give yourselves time, make sure both parties understand what's happening, and strongly consider having attorneys review the final document. Cutting corners on a prenup to save money is like cheating on a foundation inspection to save on your home purchase—you'll pay way more later when everything collapses.

Alright, we've covered all the mistakes. Now let's talk about how to actually get this right. Here's your step-by-step roadmap for creating a prenup that'll actually hold up in court—consider this your complete prenup checklist.

Step 1: Start the conversation early. Like, really early. Bring up the prenup discussion at least 6-8 months before your wedding date. This removes pressure, shows good faith, and gives you plenty of time to work through the process without stress.

Step 2: Get organized financially. Both of you need to gather complete financial information. I'm talking bank statements, retirement account statements, investment portfolios, property deeds, debt statements—everything we covered in the disclosure section. Create a comprehensive list of assets and liabilities before you start drafting anything.

Step 3: Decide on your approach. Are you hiring traditional attorneys? Using an online platform? Starting with a platform and then having attorneys review? Make this decision together based on your budget, complexity of finances, and comfort level. Modern platforms like HelloPrenup provide legally-sound prenups with 24/7 online access, combining DIY convenience with legal backing—all for a fraction of traditional costs. Just remember: both parties need some form of legal guidance, even if it's not full representation.

Step 4: Each person gets their own legal advice. Whether that's hiring separate attorneys or at minimum having separate consultations, both parties need independent guidance. This is non-negotiable if you want your prenup to be enforceable.

Step 5: Draft your prenup with state-specific provisions. Make sure your prenup complies with your state's laws. Use an attorney or platform that knows your state's requirements—don't rely on generic templates.

Step 6: Review and negotiate. Go through multiple drafts if needed. Both parties should feel the terms are fair (even if not perfectly equal). This might take a few rounds of revisions. That's normal and healthy.

Step 7: Allow time for review. Once you have a final draft, both parties should have at least several weeks to review it carefully before signing. Don't rush this step.

Step 8: Execute properly. Sign your prenup according to your state's requirements. Notarize it if required (or even if not required). Have appropriate witnesses. Make copies for both parties and file the original somewhere safe.

Step 9: Communicate with your partner throughout. Keep the conversation open and honest. If something bothers you, speak up. If you don't understand a term, ask questions. The prenup process should strengthen your communication, not damage it.

Step 10: Review it periodically. Life changes. Your prenup might need updates after major life events like kids, career changes, inheritances, or business ventures. Many experts recommend reviewing your prenup every 5 years. And if circumstances change significantly, you might even consider a postnuptial agreement to address new situations.

Follow these steps, avoid the seven common prenup mistakes we covered, and you'll have a prenup that actually protects you—which is kind of the whole point.

FAQ: Common Prenup Questions

What's the #1 mistake couples make with prenups?

Waiting until too close to the wedding date, honestly. When couples sign within 30 days of the ceremony, courts often see it as coercion—like one person pressured the other by threatening to cancel the wedding. Your partner might've felt they had no choice but to sign to avoid calling everything off. This is one of the most common mistakes that void a prenup. Start the prenup process at least six months before your wedding to avoid this issue entirely.

Can a prenup be thrown out if we didn't use lawyers?

Yes, absolutely. Lack of independent counsel is a major red flag for courts, especially if the prenup terms are one-sided. If one person had an attorney and the other didn't, judges often assume the unrepresented person didn't fully understand what they were signing or couldn't negotiate fairly. Even if you can't afford full representation, both parties should at minimum have a consultation with separate attorneys before signing.

What happens if I forgot to disclose an asset?

Even one undisclosed asset can invalidate your entire prenup for fraud or misrepresentation. It doesn't matter if you genuinely forgot or if the asset seems minor—full disclosure means everything. If your spouse discovers a hidden asset during divorce proceedings, they can ask the court to throw out the prenup. Then all your assets become subject to division as if the prenup never existed. Not worth the risk. Disclose everything.

Is it a mistake to include child custody in our prenup?

Absolutely—it's unenforceable and can taint your entire agreement. Courts decide child custody and support based on the child's best interests at the time of divorce, not what you agreed to years earlier. Any prenup clause attempting to predetermine custody arrangements or child support amounts will be ignored by judges. Worse, including these clauses might make a judge question whether other parts of your prenup are valid. Keep child-related matters out of your prenup entirely.

How do I know if my prenup is “unconscionable”?

Ask yourself: Would the prenup leave one spouse destitute while the other lives comfortably? Are the terms shockingly one-sided? If you'd be embarrassed to show the prenup to a judge because it's so unfair, it might be unconscionable. Courts look at whether both parties had legal counsel, adequate time to review, and whether the terms are at least somewhat balanced. A prenup can favor one person over what state law would normally provide—that's fine. But if it leaves one spouse with absolutely nothing while the other keeps everything, expect a judge to void it.

Final Thoughts

Look, prenups aren't romantic. Nobody dreams of their wedding day and thinks, “I can't wait to negotiate financial agreements!” It's awkward, it's uncomfortable, and it forces you to think about divorce before you're even married.

But here's what I've learned after looking at hundreds of prenup situations: the couples who do it right—who start early, stay transparent, get proper advice, and avoid these seven prenup mistakes—actually report that the process strengthened their relationship. Because working through tough financial conversations before marriage builds trust and communication skills you'll need anyway.

And the couples who skip it or rush it or make these common prenup mistakes? They often regret it. Either their prenup falls apart when they need it most, or they wish they'd had one in the first place.

So if you're considering a prenup—or if you've already started the process—avoid these seven prenup pitfalls. Start early. Be completely transparent about finances. Get independent legal advice. Skip the unenforceable clauses. Make sure the terms are fair. Execute everything properly. And don't rely solely on free DIY templates without professional review.

Do it right, and you'll have real protection. Do it wrong, and you'll have an expensive piece of paper that won't hold up when it matters.

You've got this. And honestly? The fact that you're reading this article and educating yourself about prenuptial agreement mistakes puts you ahead of most couples already. You're taking this seriously, asking the right questions, and looking for guidance—which means you're way more likely to end up with a prenup that actually works.

Now go have that conversation with your partner. Start early, stay honest, and build something that protects you both. Ready to get started without the $8,000 lawyer bill? Modern platforms like HelloPrenup make it easier than ever to create a legally-sound prenup for $599, with the flexibility to add attorney services as needed. Your future self will thank you.