Prenuptial Agreement Template

Name: Prenuptial Agreement
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Signed before you get married, a Prenuptial Agreement is used to protect your pre-marriage assets in the event of divorce or the death of a spouse. It typically includes a list of both parties’ assets and what will happen to them if the marriage ends. It must be signed by both parties to be valid.

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Last Update February 6, 2026

Also Known As

Premarital AgreementMarriage ContractPre-Wedding Agreement

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Key Takeaways About the Prenuptial Agreement What Is a Prenuptial Agreement Which Laws Govern Prenuptial Agreements?Sample Prenuptial Agreement How a Prenup Works What is Typically Included in a Prenup?Writing Your Own Prenuptial Agreement Prenuptial Agreement Signing Laws by State

Key Takeaways About the Prenuptial Agreement

A Prenuptial Agreement protects assets owned before marriage and outlines how they will be divided in case of divorce or death.
It typically includes clauses on property division, debts, spousal support, and financial responsibilities.
Both parties must fully disclose their finances and have the agreement signed and notarized to guarantee its enforceability.
Prenups are governed by state laws, with each state having specific signing requirements.

What Is a Prenuptial Agreement

A Prenuptial Agreement is a legal document that couples sign before getting married. It sets out the future of your assets if you get divorced in the future, or if one spouse dies.

This document can protect the assets that you owned before you got married, including:

Bank accounts
Property
Vehicles
Valuable personal items, like jewelry

Which Laws Govern Prenuptial Agreements?

Many states have enacted the Premarital and Marital Agreements Act or its predecessor, the Uniform Premarital Agreement Act (UPAA).

These laws create consistent standards for how prenups and postnups are drafted, interpreted, and enforced across state lines:

States That Have Enacted the UPMAA or a Prior Version (UPAA)	States That Have Not Enacted the UPMAA or UPAA
Arizona	Alabama
Arkansas	Alaska
California	Georgia
Colorado	Kentucky
Connecticut	Louisiana
Delaware	Maryland
District of Columbia	Massachusetts
Florida	Michigan
Hawaii	Minnesota
Idaho	Mississippi
Illinois	Missouri
Indiana	New Hampshire
Iowa	New York
Kansas	Ohio
Maine	Oklahoma
Montana	Pennsylvania
Nebraska	South Carolina
Nevada	Tennessee
New Jersey	Vermont
New Mexico	Washington
North Carolina	West Virginia
North Dakota	Wyoming
Oregon
Rhode Island
South Dakota
Texas
Utah
Virginia
Wisconsin

Using Prenuptial Agreements in Community Property States

Nine U.S. states follow community property laws. In these states, marital assets are typically divided equally upon divorce.

However, a valid prenuptial agreement can override these default rules and establish different terms for property division.

The nine states that enforce community property laws are:

Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin

Sample Prenuptial Agreement

Before you draft your own Prenup, it’s important to understand what it should contain and the general structure of the document. You can use the example below as a guide:

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PDFWORD

How a Prenup Works

A Prenup is legally binding when it follows the rules set out in the Premarital and Marital Agreements Act and state laws. Generally, this means that both parties must:

Fully disclose their finances
Have the chance to consult a lawyer
Agree to include fair and reasonable terms in the agreement
Have the document properly signed and notarized

Meeting these requirements guarantees that your agreement is transparent and enforceable.

What is Typically Included in a Prenup?

A Prenuptial Agreement can cover a wide range of financial and personal matters. To make sure your intentions are honored, every clause should be clearly written and agreed upon before signing.

This helps prevent misunderstandings and protects both partners if the marriage ends or circumstances change.

Clause	Purpose
Property Division	Explains how property and assets will be split if the marriage ends, including who keeps specific items like a home or vehicle.
Debts and Assets	Lists what each person owns or owes before marriage to ensure those assets or debts remain theirs in a divorce.
Financial Responsibilities	Defines how everyday expenses and shared financial duties will be handled during the marriage.
Spousal Support (Alimony)	Sets out whether alimony will be paid, how much, and under what conditions.

Writing Your Own Prenuptial Agreement

To create a valid and effective prenup, you’ll need to include key details that make the agreement fair and legally enforceable. Below are the main steps:

Include each partner’s details: List both parties’ full names, contact information, financial details, legal representation, and any prior marriages or children.
Decide how property is divided: Specify ownership of assets before and during the marriage, and clarify how property will be split if you divorce.
Address business ownership: State each business’s value and decide whether future growth or new ventures during the marriage will be shared or remain separate.
Assign debts and taxes: Outline who is responsible for pre-marriage and marital debts, and decide if taxes will be filed jointly or separately.
Define home ownership and expenses: Clarify who owns the marital home and how household costs will be divided.
Add final provisions: Include clauses for waivers, disability or death provisions, conflict resolution, and applicable state laws.
Meet signing requirements: Make sure both parties sign the document according to state law. You’ll often need to do this before a notary and one or more witnesses.

You can create an agreement tailored to your situation in just a few minutes with our customizable Prenuptial Agreement.

After creating your agreement, it’s a good idea to have a legal professional review it.

Prenuptial Agreement Signing Laws by State

The laws surrounding the signing of a Prenup vary from state to state. Make sure to find out what the requirements are in your state with the list of the table below:

State	Requirement	Law
Alabama	Both spouses’ signatures only	§ 386 So. 2d 749 (Ala. Civ. App. 1980)
Alaska	Both spouses’ signatures only	§ 733 P.2d 1044, 1048-51 (Alaska 1987)
Arizona	Both spouses’ signatures only	§ 25-202
Arkansas	Prenuptial Agreement Acknowledgement needs to be included	§ 9-11-402
California	Both spouses’ signatures only	§ CA Fam Code 1611
Colorado	Both spouses’ signatures only	§ 14-2-306
Connecticut	Both spouses’ signatures only	§ Sec. 46b-36c
Delaware	Both spouses’ signatures only	§ 322 Formalities
District of Columbia (D.C.)	Both spouses’ signatures only	§ 46–502
Florida	Both spouses’ signatures only	§ 61.079 (3)
Georgia	A notary and 1 witness	§ 19-3-62
Hawaii	Both spouses’ signatures only	§ 572D-2 Formalities
Idaho	Both spouses’ signatures only	§ 32-922 – Formalities
Illinois	Both spouses’ signatures only	§ 750 ILCS 10/3
Indiana	Both spouses’ signatures only	§ IC 31-11-3-4
Iowa	Both spouses’ signatures only	§ 596.4 Formalities
Kansas	Both spouses’ signatures only	§ 23-2403
Kentucky	Both spouses’ signatures only	KRS 371.010
Louisiana	Each signature needs to be notarized	§ CC 2331
Maine	Both spouses’ signatures only	§ 603
Maryland	Both spouses’ signatures only	§ Stewart v. Stewart. No. 0249, 2011)
Massachusetts	It needs to be registered in the Registry of Deeds where the husband resides	Title II, Chapter 209
Michigan	Both spouses’ signatures only	§ 566.132, Sec. 2(1)(c)
Minnesota	Each signature must be notarized	§ 519.11
Mississippi	Each signature must be notarized	Murr v. Murr, 418 So. 2d 1067 (Miss. 1982)
Missouri	Both spouses’ signatures only	§ 451.220
Montana	Both spouses’ signatures only	§ 40-2-606
Nebraska	Both spouses’ signatures only	§ 42-1003
Nevada	Both spouses’ signatures only	§ 123A.040
New Hampshire	Each signature must be notarized	Matter of Barnes, 708 A.2d 104 (N.H. 1998)
New Jersey	Both spouses’ signatures only	§ 37:2-33
New Mexico	Both spouses’ signatures only	§ 40-3-3
New York	Each signature must be notarized	§ 236(B)
North Carolina	Both spouses’ signatures only	§ 52B-3
North Dakota	Both spouses’ signatures only	§ 14-03.1-03
Ohio	Both spouses’ signatures only	§ 1335.05
Oklahoma	Each signature must be notarized	§ 43-205
Oregon	Both spouses’ signatures only	§ 108.700
Pennsylvania	Both spouses’ signatures only	Simeone v. Simeone, 581 A.2d 162 (Pa. 1990)
Rhode Island	Each signature must be notarized	§ 15-17-2
South Carolina	Both spouses’ signatures only	§ 20-1-960
South Dakota	Both spouses’ signatures only	§ 25-2-16
Tennessee	Both spouses’ signatures only	Boote v. Shivers, 198 S.W.3d 732 (Tenn. Ct. App. 2005)
Texas	Both spouses’ signatures only	§ 4.002
Utah	Both spouses’ signatures only	§ 30-8-3
Vermont	Both spouses’ signatures only	§ 3154
Virginia	Both spouses’ signatures only	§ 20-149
Washington	Each signature must be notarized	Matson v. Matson, 333 P.2d 938 (Wash. 1959)
West Virginia	Each signature must be notarized	§ 48-2-1
Wisconsin	Both spouses’ signatures only	§ 766.58
Wyoming	Both spouses’ signatures only	§ 2-5-102

Preview of your Prenuptial Agreement

PRENUPTIAL AGREEMENT

BETWEEN:

_________

- AND -

_________

of _________

BACKGROUND

A) This Agreement is made between _________ and _________ (together the "Parties" and separately a "Party") who have the intention to marry each other in the near future.

B) As a result of the relationship, the Parties wish to establish their respective rights and responsibilities that may result from it.

C) The Parties acknowledge that some unhappy differences could arise between them. Accordingly, the Parties desire that the terms of this Agreement will govern the distribution of any property that either or both of them may own and, to the extent permitted by statutory or case law, intend that any statute applicable to them, whether under Federal or state law, shall not apply to them.

D) The Parties agree that they have been provided with to review this Agreement.

E) The Parties also agree that they have had an opportunity to hire their own lawyer and receive independent legal advice with respect to the terms of this Agreement.

F) The Parties acknowledge that they have made full disclosure of all of their properties, income, estate, and financial obligations and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.

G) Each Party agrees and affirms THAT:

a) The Parties acknowledge entering into this Agreement voluntarily;
b) This Agreement was not when it was executed;
c) Prior to the execution of this Agreement, both Parties have disclosed to their satisfaction all property or financial obligations of the other Party;
d) They have full knowledge of all of the facts and circumstances pertinent to the property or financial obligations of the other Party;
e) The Parties have entered into this Agreement freely and under no duress or undue influence on their decision by the other Party;
f) The Parties acknowledge that this Agreement shall continue to be effective even upon termination of marriage whether by death, divorce, or otherwise.

THEREFORE, in consideration of the upcoming marriage, and the mutual commitments and promises contained in this Agreement, the Parties agree as follows:

OWNERSHIP OF PROPERTY

1) The Parties agree that this Agreement will determine the ownership of the property upon the death of a party or if the Parties separate.

2) Except as otherwise provided in this Agreement, all property will be treated as owned exclusively by either one of the Parties (the "Separate Ownership"), except where:

a) It is Joint Ownership; or
b) There is proof of joint legal ownership.

3) Nothing contained in this Agreement shall preclude the Parties from making gifts to the other during their lifetime, at their death, or for benefit of the other party.

4) Unless a Party can reasonably show that they exclusively own a piece of property, where either Party commingles jointly owned property with Separate Ownership, any commingled property will be presumed to be Joint Ownership.

DEBTS

5) The Parties acknowledge that this Agreement shall determine the responsibility of any debt that may occur upon the death of a party or if the Parties separate.

6) All debts jointly acquired, whenever acquired, will be treated as joint debts (the "Joint Debts") and owed by both Parties.

7) Except as stated elsewhere in this Agreement, all debts shall be considered as debts owed exclusively by either one of the Parties (the "Separate Debts"), excluding the following circumstances:

a) If there is a Joint Debt; or
b) If there is proof of shared legal responsibility between the Parties.

MARITAL OWNERSHIP RELEASE

8) The Parties agree that they are aware of the laws of the _________, and that they have the intention to not apply the laws to the ownership and division of their property, either jointly or separately owned, nor to their future property, and the Parties further agree that it is their intention by the terms of this Agreement to contract out of the of the _________, and to make full disclosure of all of their properties, income, estate, and financial obligations previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.

DOWER, CURTESY AND HOMESTEAD RELEASE

9) The Parties waive all dower, courtesy, and homestead rights under any statute of the _________, or any other jurisdiction, that each would have in and to the property in the name of the another, or on their behalf jointly or as tenants in common, except for this Agreement.

SUPPORT

10) The Parties agree that the investment of time or labor with respect to personal service in the property of the other will be considered to have been made gratuitously, and without expectation or right of compensation unless the Parties have agreed on the opposite in writing.

11) The Parties have the intention of releasing each other from any maintenance or support obligations now and in the future. They will not apply under any Federal or State legislation for support. They each waive any rights they may have to proceed against the other under any law or statute for maintenance or support payments and depend upon the law of contract to rule in respect of this issue.

12) The Parties understand that there may be changes in their health, cost of living, employment, marital status, breakdown of their relationship, or others that alter their respective financial circumstances in the future. It is understood by each Party that this Agreement represents a final disposition of all maintenance and support matters between them and that such disposition will not give either Party the right to seek redress under Federal or State law.

INHERITANCES AND TESTAMENTARY DISPOSITION

13) Except as otherwise provided in this Agreement, the Parties recognize that each has the absolute right to dispose of their estate by testamentary will without leaving any part to the other, or the heirs, executors, administrators, or assigns of the other.

14) Nothing in this Agreement shall invalidate or prevent either Party from designating the other as a beneficiary by will or other testamentary provision.

15) Except as otherwise provided in this Agreement, the Parties waive all rights of every kind, nature, and description that each may acquire as spouse or surviving spouse in the property, assets, or estate of the other.

SEVERABILITY

16) If any court of law finds invalid, unenforceable, or void any clause of this Agreement, such decision will not have the effect of invalidating or voiding the remainder of this Agreement, and The Parties agree that the section so held to be invalid, unenforceable, or void, will be deemed amended only to the extent required for purposes of validity and enforcement in the jurisdiction of such decision.

GOOD FAITH

17) The Parties create a fiduciary relationship through this Agreement in which each Party agrees to act with the utmost good faith and fair dealing toward the other Party in all aspects of this Agreement.

FURTHER DOCUMENTATION

18) The Parties agree to attach such additional documentation as is reasonably necessary to give full force and effect to each term of this Agreement.

ENUREMENT

19) This Agreement will inure to the benefit of the Parties, their respective heirs, executors, administrators and assigns and will be binding.

GOVERNING LAW

20) This Prenuptial Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside, will be governed by the law of the _________.

TERMINATION OR AMENDMENT

21) The amendment of this Agreement can only be carried out in writing and signed by each of the parties. Their attorneys-in-fact and other legal representatives are not allowed to amend it.

ENTIRE AGREEMENT

22) The Agreement constitutes the entire arrangement and understanding between the Parties and replaces all prior communications, contracts, or agreements between these Parties regarding the subject matter of this Agreement, whether oral or written.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

The _________

THAT I was consulted this day in my professional capacity by _________, named in the document, being a Prenuptial Agreement, separate and apart from _________. I inquired about _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Prenuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.

DATED at the City of ___________________, in the _________, this _____ day of ______________, 20___.

I, _________, the person mentioned in the attached Agreement, hereby acknowledge the foregoing this ____day of ______________, 20___.

____________________________________
_________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

The _________

THAT I was consulted this day in my professional capacity by _________, named in the document, being a Prenuptial Agreement, separate and apart from _________. I inquired as to _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Prenuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.

DATED at the City of ___________________, in the _________, this _____ day of ______________, 20___.

I, _________, the person mentioned in the attached Agreement, hereby acknowledge the foregoing this ____day of ______________, 20___.

____________________________________
_________

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