When should we sign the prenup before the wedding?

Best practice is to sign the prenuptial agreement at least 30 days before the wedding, though some attorneys recommend 60-90 days. Agreements signed too close to the wedding date may be challenged on the grounds that one party felt pressured or coerced. California law, for example, requires that the party who did not have independent counsel be given at least 7 days to review the agreement before signing.

Can a prenup waive spousal support (alimony)?

Many states allow parties to waive spousal support in a prenuptial agreement, but courts retain the power to override such waivers if enforcement would be unconscionable or would make one spouse eligible for public assistance. Some states, like California, require independent legal counsel for a spousal support waiver to be enforceable. The enforceability of a support waiver often depends on the circumstances at the time of divorce, not just at signing.

What is a sunset clause in a prenup?

A sunset clause is an optional provision that automatically terminates the prenuptial agreement after a specified number of years of marriage (commonly 5-20 years). The rationale is that after a long marriage, the prenup may no longer reflect the parties' circumstances or intentions. Once the sunset clause triggers, the couple's rights revert to the default rules of their state's divorce laws.

What is the difference between community property and equitable distribution?

In community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI), most property acquired during the marriage is owned equally by both spouses and is typically split 50/50 in a divorce. In equitable distribution states (all others), courts divide marital property based on what is fair and just, considering factors like each spouse's income, contributions, and needs — which may or may not be a 50/50 split. A prenup allows couples to define their own division terms regardless of which system their state follows.

Can a prenup address child custody or child support?

No. Prenuptial agreements cannot legally determine child custody arrangements or child support obligations. Courts always retain exclusive jurisdiction over matters involving children and make these decisions based on the best interests of the child at the time of divorce or separation. Any prenup provisions attempting to predetermine child custody or support will be unenforceable.

Does a prenup need to be notarized?

While most states do not strictly require notarization for a prenuptial agreement to be valid, it is strongly recommended. Notarization provides proof that both parties signed the agreement voluntarily and verified their identities. Some states do require notarization or witnesses for enforceability. This template includes notary blocks for both parties as a best practice.

Free Prenuptial Agreement Template — Fill Out & Download Instantly

Free — No Sign-Up RequiredPDF & WordUpdated March 30, 2026

⚠️ Legal Disclaimer: This template is attorney-reviewed and built to US legal standards. It does not substitute for professional legal advice. For complex situations, we recommend consulting a licensed attorney.

Document Completeness17%

Select the governing state and property division framework

Governing State*

The state whose laws will govern this prenuptial agreement

Property Division Approach*

Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI. All others use equitable distribution.

Full Legal Name*

Full legal name as it appears on government-issued ID

Current Address*

Full Legal Name*

Full legal name as it appears on government-issued ID

Current Address*

Planned Date of Marriage*

MM/DD/YYYY

The agreement must be signed before this date to be valid

Location of Marriage

Classify separate and joint property

Spouse 1 Separate Property*

List all assets Spouse 1 brings into the marriage that should remain separate property

Spouse 2 Separate Property*

List all assets Spouse 2 brings into the marriage that should remain separate property

Joint / Marital Property

List any property that will be considered jointly owned from the start of the marriage

Allocate existing and future debts

Spouse 1 Existing Debts

List all debts Spouse 1 brings into the marriage — these remain Spouse 1's sole responsibility

Spouse 2 Existing Debts

List all debts Spouse 2 brings into the marriage — these remain Spouse 2's sole responsibility

Marital Debt Allocation*

How debts incurred during the marriage will be allocated in the event of divorce

Define alimony terms or waiver

Waive Spousal Support (Alimony)

Spousal Support Terms

Describe the terms of spousal support if not waived. Leave blank to defer to state default rules.

Sunset clause, financial disclosure, and counsel acknowledgment

Include Sunset Clause

Financial Disclosure Acknowledgment

Independent Legal Counsel Acknowledgment

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PRENUPTIAL AGREEMENT

This Prenuptial Agreement ("Agreement") is entered into on this date by and between the following parties, in contemplation of their marriage:

SPOUSE 1 ("First Party"):

[Full Legal Name]

Address: [Current Address]

SPOUSE 2 ("Second Party"):

[Full Legal Name]

Address: [Current Address]

(Each individually a "Party" and collectively the "Parties.")

RECITALS

WHEREAS, the Parties intend to marry each other on or about [Planned Date of Marriage]; and

WHEREAS, each Party desires to define their respective rights and obligations regarding property, assets, debts, and spousal support during the marriage and in the event of divorce, legal separation, annulment, or death; and

WHEREAS, each Party has been provided a full, fair, and complete disclosure of the other Party's financial circumstances, including all assets, liabilities, income, and obligations; and

WHEREAS, each Party enters into this Agreement freely, voluntarily, and without coercion, duress, or undue influence from the other Party or any third party; and

WHEREAS, each Party has had the opportunity to retain and consult with independent legal counsel of their own choosing prior to executing this Agreement;

NOW, THEREFORE, in consideration of the mutual promises contained herein and the forthcoming marriage between the Parties, and intending to be legally bound, the Parties agree as follows:

ARTICLE I — GOVERNING LAW AND JURISDICTION

1.1 This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [Governing State], including but not limited to the Uniform Premarital Agreement Act (UPAA) as adopted in such state, or any successor statute thereto.

1.2 The Parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of the State of [Governing State].

1.3 The Parties acknowledge that the State of [Governing State] follows the equitable distribution model for division of marital property. The terms of this Agreement are intended to supersede the default equitable distribution rules to the extent permitted by law.

ARTICLE II — DEFINITIONS

2.1 "Separate Property" shall mean all property, assets, and interests owned by a Party prior to the marriage, as well as any property acquired by a Party during the marriage by gift, inheritance, or bequest, and any appreciation, income, or proceeds derived from such property, unless such property has been commingled with Marital Property.

2.2 "Marital Property" shall mean all property, assets, and interests acquired by either or both Parties during the marriage, other than Separate Property as defined herein.

2.3 "Effective Date" shall mean the date of the Parties' legal marriage ceremony.

ARTICLE III — SEPARATE PROPERTY OF FIRST PARTY

3.1 The following property, assets, and interests are acknowledged as the Separate Property of the First Party ([Full Legal Name]) and shall remain the sole and exclusive property of the First Party during the marriage and in the event of divorce, separation, or death:

[Spouse 1 Separate Property]

3.2 All appreciation in value, rents, profits, interest, dividends, and other income generated by the First Party's Separate Property shall remain the Separate Property of the First Party, provided such property has not been commingled with Marital Property.

ARTICLE IV — SEPARATE PROPERTY OF SECOND PARTY

4.1 The following property, assets, and interests are acknowledged as the Separate Property of the Second Party ([Full Legal Name]) and shall remain the sole and exclusive property of the Second Party during the marriage and in the event of divorce, separation, or death:

[Spouse 2 Separate Property]

4.2 All appreciation in value, rents, profits, interest, dividends, and other income generated by the Second Party's Separate Property shall remain the Separate Property of the Second Party, provided such property has not been commingled with Marital Property.

ARTICLE V — MARITAL / JOINT PROPERTY

5.1 As of the date of this Agreement, the Parties do not hold any joint property. Any property acquired jointly during the marriage shall be considered Marital Property.

5.2 In the event of divorce or legal separation, Marital Property shall be divided equitably between the Parties, taking into consideration each Party's contributions to the marriage, earning capacity, and other relevant factors.

5.3 Neither Party shall transfer, encumber, pledge, sell, or otherwise dispose of any Marital Property without the prior written consent of the other Party, except in the ordinary course of household expenses.

ARTICLE VI — DEBTS AND LIABILITIES

6.1 Pre-Marital Debts. Each Party shall remain solely responsible for all debts and liabilities incurred by that Party prior to the Effective Date of this Agreement. The other Party shall have no obligation to pay, assume, or contribute to such pre-marital debts.

6.4 Marital Debts. Any debts incurred by either Party during the marriage for the benefit of the marital household shall be considered joint marital debts and shall be shared equally between the Parties in the event of divorce or separation.

6.5 Neither Party shall incur any debt or obligation for which the other Party may be held responsible without the prior written consent of that Party, except for reasonable household necessities.

ARTICLE VII — SPOUSAL SUPPORT

7.1 In the event of divorce, legal separation, or annulment, the issue of spousal support shall be determined in accordance with the applicable laws of the State of [Governing State] as they exist at the time of such proceedings.

7.2 Neither Party waives the right to request spousal support, and neither Party is guaranteed an award of spousal support. The court shall retain jurisdiction to award spousal support as it deems just and equitable.

ARTICLE VIII — FINANCIAL DISCLOSURE

8.1 Each Party represents and warrants that they have provided a full, fair, accurate, and complete disclosure of all assets, property, income, debts, and financial obligations to the other Party prior to the execution of this Agreement.

8.2 Each Party acknowledges that they have received and reviewed the financial disclosure of the other Party and have had adequate opportunity to ask questions, request additional documentation, and verify the accuracy of such disclosure.

8.3 Each Party understands that the failure to disclose material assets, debts, or financial information may render this Agreement voidable in whole or in part.

ARTICLE IX — INDEPENDENT LEGAL COUNSEL

9.1 Each Party acknowledges that they have been advised to retain independent legal counsel of their own choosing to review this Agreement prior to execution.

9.2 Each Party has either: (a) retained independent legal counsel who has reviewed this Agreement and advised the Party of their rights, obligations, and the legal effect of this Agreement; or (b) voluntarily chosen not to retain independent legal counsel after being informed of the right to do so.

9.3 Each Party acknowledges that they understand the terms, conditions, and legal consequences of this Agreement and enter into it voluntarily and without coercion.

ARTICLE X — GENERAL PROVISIONS

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, commitments, offers, and agreements, whether written or oral.

Amendments. This Agreement may not be modified, amended, or waived except by a written instrument signed by both Parties and, where required by law, acknowledged before a notary public.

Voluntary Execution. Each Party acknowledges that they have read this Agreement in its entirety, understand its terms and consequences, and execute it freely and voluntarily.

No Waiver. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce that provision or any other provision in the future.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this Prenuptial Agreement as of the date set forth below.

_________________________________

[Full Legal Name] (First Party)

Date: _______________

State of [Governing State]

County of _______________

Sworn to and subscribed before me this _____ day of _____________, 20_____.

_________________________________

Notary Public

My Commission Expires: _______________

_________________________________

[Full Legal Name] (Second Party)

Date: _______________

State of [Governing State]

County of _______________

Sworn to and subscribed before me this _____ day of _____________, 20_____.

_________________________________

Notary Public

My Commission Expires: _______________

Document Completeness17%

Select the governing state and property division framework

Governing State*

The state whose laws will govern this prenuptial agreement

Property Division Approach*

Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI. All others use equitable distribution.

Full Legal Name*

Full legal name as it appears on government-issued ID

Current Address*

Full Legal Name*

Full legal name as it appears on government-issued ID

Current Address*

Planned Date of Marriage*

MM/DD/YYYY

The agreement must be signed before this date to be valid

Location of Marriage

Classify separate and joint property

Spouse 1 Separate Property*

List all assets Spouse 1 brings into the marriage that should remain separate property

Spouse 2 Separate Property*

List all assets Spouse 2 brings into the marriage that should remain separate property

Joint / Marital Property

List any property that will be considered jointly owned from the start of the marriage

Allocate existing and future debts

Spouse 1 Existing Debts

List all debts Spouse 1 brings into the marriage — these remain Spouse 1's sole responsibility

Spouse 2 Existing Debts

List all debts Spouse 2 brings into the marriage — these remain Spouse 2's sole responsibility

Marital Debt Allocation*

How debts incurred during the marriage will be allocated in the event of divorce

Define alimony terms or waiver

Waive Spousal Support (Alimony)

Spousal Support Terms

Describe the terms of spousal support if not waived. Leave blank to defer to state default rules.

Sunset clause, financial disclosure, and counsel acknowledgment

Include Sunset Clause

Financial Disclosure Acknowledgment

Independent Legal Counsel Acknowledgment

What Is a Prenuptial Agreement?

A Prenuptial Agreement (commonly called a "prenup") is a legally binding contract entered into by two individuals before marriage that establishes each party's rights and obligations regarding property, assets, debts, and spousal support in the event of divorce, separation, or death. Prenuptial agreements are governed by state law and, in most states, by the Uniform Premarital Agreement Act (UPAA) or the Uniform Premarital and Marital Agreements Act (UPMAA). This template helps couples clearly define separate and marital property, allocate existing debts, address spousal support, and establish financial expectations — providing transparency and protection for both parties entering the marriage..

When Do You Need It?

You should consider a prenuptial agreement when one or both parties have significant assets, own a business, have children from a prior relationship, carry substantial debt, expect a future inheritance, or simply want financial clarity before entering marriage. Prenups are especially important in community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) where marital property is typically split 50/50 by default. A prenup must be executed before the wedding ceremony to be valid..

What's Included in This Template

Identification of both spouses and marriage date
Classification of separate vs. marital property
Property division approach (community property or equitable distribution)
Listing of each party's separate property and assets
Identification and allocation of joint property
Debt allocation and responsibility provisions
Spousal support (alimony) terms or waiver
Optional sunset clause with configurable duration
Financial disclosure acknowledgment
Independent legal counsel acknowledgment
Governing law and severability provisions
Signature blocks for both spouses and notary

How to Fill It Out

Select Your Governing State — Choose the state where the marriage will take place or where you will reside. This determines whether community property or equitable distribution rules apply by default and which state's laws govern the agreement.

Enter Spouse Information — Provide the full legal names and current addresses of both parties. Use your legal name as it appears on government-issued identification — this is critical for enforceability.

Set the Marriage Date — Enter the planned date of marriage. The prenuptial agreement must be signed before this date to be valid. Courts may scrutinize agreements signed too close to the wedding date.

Define Property and Debt Terms — Choose your property division approach, list each party's separate property, identify joint property, and specify how debts will be allocated. Be thorough — unlisted assets may be subject to default state rules.

Configure Spousal Support — Decide whether to waive spousal support entirely or specify custom terms. Note that courts in some states may refuse to enforce a complete support waiver if it would leave one spouse destitute.

Review Optional Clauses — Consider enabling the sunset clause, which automatically terminates the prenup after a specified number of years. Review and confirm the financial disclosure and independent counsel acknowledgments.

Legal Requirements & Notes

This prenuptial agreement template is drafted with reference to the Uniform Premarital Agreement Act (UPAA), adopted in some form by approximately 28 states, and the updated Uniform Premarital and Marital Agreements Act (UPMAA), which modernizes enforcement standards. Key legal considerations:

Enforceability Requirements: To be enforceable, a prenuptial agreement generally must be: (1) in writing, (2) signed voluntarily by both parties, (3) executed before the marriage, (4) supported by full and fair financial disclosure, and (5) not unconscionable at the time of enforcement.

Community Property States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin follow community property rules, where marital property is generally split 50/50. A prenup can override these defaults, but both parties must clearly understand what rights they are waiving.

Equitable Distribution States: All other states follow equitable distribution, where courts divide marital property based on fairness factors (not necessarily equally). Prenups in these states define the division terms in advance.

Unconscionability Doctrine: Courts may refuse to enforce a prenup — or specific provisions within it — if enforcement would be unconscionable. This is evaluated either at the time of signing or at the time of enforcement (varies by state). A spousal support waiver, for example, may be struck down if it would leave one spouse destitute.

Independent Counsel: While not legally required in all states, having each party represented by independent legal counsel significantly strengthens enforceability. Some states (e.g., California under Cal. Fam. Code § 1615) effectively require it.

Timing: Agreements signed under time pressure (e.g., the day before the wedding) may be challenged as involuntary. Best practice is to execute the agreement at least 30 days before the wedding.

Financial Disclosure: Inadequate or fraudulent financial disclosure is one of the most common grounds for invalidating a prenup. Both parties should attach detailed financial schedules.

Limitations: Prenuptial agreements cannot determine child custody or child support — courts retain jurisdiction over these matters based on the best interests of the child at the time of divorce.

State-Specific Variations: This template provides a general framework. Some states impose additional requirements (e.g., notarization, witnesses, waiting periods). Consult a family law attorney in your state for compliance.

Frequently Asked Questions

Yes, prenuptial agreements are legally enforceable in all 50 states when properly executed. Most states follow the Uniform Premarital Agreement Act (UPAA) or similar statutes. To be enforceable, the agreement must be in writing, signed voluntarily by both parties before the marriage, supported by full financial disclosure, and not be unconscionable. Having each party consult independent legal counsel significantly strengthens enforceability.

Free Prenuptial Agreement Template — Fill Out & Download Instantly

PRENUPTIAL AGREEMENT

RECITALS

ARTICLE I — GOVERNING LAW AND JURISDICTION

ARTICLE II — DEFINITIONS

ARTICLE III — SEPARATE PROPERTY OF FIRST PARTY

ARTICLE IV — SEPARATE PROPERTY OF SECOND PARTY

ARTICLE V — MARITAL / JOINT PROPERTY

ARTICLE VI — DEBTS AND LIABILITIES

ARTICLE VII — SPOUSAL SUPPORT

ARTICLE VIII — FINANCIAL DISCLOSURE

ARTICLE IX — INDEPENDENT LEGAL COUNSEL

ARTICLE X — GENERAL PROVISIONS

What Is a Prenuptial Agreement?

When Do You Need It?

What's Included in This Template

How to Fill It Out

Legal Requirements & Notes

Frequently Asked Questions

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Last Will & Testament

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