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Family Law

What is Prenuptial Agreement?

Updated January 24, 2026

A written contract signed by two people before they marry that sets out how property, debts and sometimes spousal support will be handled if the marriage ends by divorce or death.

Understanding Prenuptial Agreement

A prenuptial agreement (also called a premarital or antenuptial agreement) can classify property as separate or marital, set how assets will be divided, address debts, and in many states limit or waive spousal support. It generally cannot decide child custody or reduce child support, because those are decided based on the child's needs at the time. Enforceability depends on state law. Many states have adopted a version of a uniform act, and common requirements include a signed writing, voluntary consent, adequate financial disclosure and, in some states, access to independent legal counsel. Courts may refuse to enforce terms that were unconscionable or that would leave a spouse in severe hardship.

Examples

  • 1An agreement that a business one spouse founded before the wedding stays separate property
  • 2A waiver of alimony signed after each person disclosed their income and assets
  • 3A provision protecting an expected inheritance for children from a prior relationship

Why This Matters in Legal Cases

When a divorce involves a prenuptial agreement, the first question is often whether it is enforceable. That turns on how it was signed: timing, disclosure, whether each person had a lawyer, and whether its terms meet the state's standards. A valid agreement can decide most of the financial issues in a case, so clients need to understand early whether it will likely hold up.

Frequently Asked Questions

Can a prenuptial agreement decide child custody or child support?

Generally, no. Courts decide custody based on the child's best interests at the time of the divorce, and child support is a right of the child that parents usually cannot waive in advance. Provisions on these issues are typically not binding.

What makes a prenuptial agreement invalid?

It depends on the state, but common reasons include signing under pressure or duress, a lack of fair financial disclosure, no reasonable opportunity to consult a lawyer, and terms that are unconscionable. Some states have adopted the Uniform Premarital and Marital Agreements Act, which lists specific grounds.

Does a prenup have to be signed a certain time before the wedding?

Some states set specific timing rules, and in others timing is a factor in whether consent was voluntary. An agreement presented shortly before the wedding is more likely to be challenged.
Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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