Signing Requirements – Must be signed in accordance with State law.

By State

How to Make a Prenuptial Agreement (5 steps)

2022 Prenup Stats^[1]^[2]

15% of married or engaged couples have created a prenup.
35% of unmarried individuals intend to create a prenup.
42% of individuals support the use of prenups.
36% of couples create an agreement themselves and choose to have an attorney review it.

1. Discuss with your Partner

Bringing up the subject of a prenup is not easy on how it could make the other person feel. Therefore, choosing the right time and engaging in a polite and thoughtful conversation is best.

Who is Typically Asking?

55.24% of the time, the partner earning more brings up the subject of making a prenup.^[3]

2. Make an Accounting

person typing list of assets on laptop

^{Each partner must disclose financials to the other, or the prenup will be considered invalid.[4]}

What does Financial Disclosure include?

The financial disclosure should include a good-faith estimate of an individual’s property, liabilities, and income.^[5]

“Property” is anything that is the subject of ownership; this includes real, personal, tangible, or intangible property.^[6]

Waiver of Financial Disclosure

In states like Texas, the couple can waive the right of financial disclosure by authorizing a Waiver of Financial Disclosure Affidavit.

3. Outline an Understanding

couple reviewing terms of prenuptial agreement on laptop

The couple should agree to the following:

The current assets and liabilities of each individual;
Post-marriage arrangement (e.g., division of assets, alimony, etc.);
Estate planning; and
Any additional conditions (e.g., rules for adultery).

Prohibited Items

Custody and child support are prohibited in a prenup.^[7] Both items are determined by a local court during the divorce proceedings.

4. Hire Legal Counsel

couple meeting with legal counsel

It is recommended that each partner seek legal counsel to understand their rights. If an individual decides not to hire an attorney, it is recommended that they sign a Waiver of Legal Counsel.

Hiring an Attorney

77% of individuals hire an attorney at some point in the process of getting a prenup.^[8]

5. Sign the Prenup

person signing prenuptial agreement

A partner cannot be coerced or under duress when signing prenup. For example, each party must have seven days to review a prenup in California;^[9]

Recommended Timeframe

Giving each partner 1-2 weeks to review the prenup is generally enough time.

A notary acknowledgment should be attached if the couple chooses to notarize the prenup (recommended).

Signing Requirements (By State)

State	Signing Requirements	Statutes
Alabama	Both spouses.	§ 26-1A-105
Alaska	Both spouses.	AS 13.26.600(2)
Arizona	Both spouses.	ARS § 14-5501
Arkansas	Prenuptial Agreement Acknowledgment must be signed and attached.	§ 28-68-105
California	Both spouses.	§ 4402(c)
Colorado	Both spouses.	§ 15-14-705
Connecticut	Both spouses.	§ 1-350d
Delaware	Both spouses.	§ 49A-105
District of Columbia	Both spouses.	§ 21–2601.05
Florida	Both spouses.	§ 709.2105
Georgia	Both spouses must have signatures notarized and with one witness.	§ 10-6B-5
Hawaii	Both spouses.	§ 551E-3
Idaho	Both spouses.	§ 15-12-105
Illinois	Both spouses.	§ 755 ILCS 45/3-3
Indiana	Both spouses.	IC 30-5-4-1
Iowa	Both spouses.	§ 633B.105
Kansas	Both spouses.	§ 58-652(3)
Kentucky	Both spouses.	§ 457.050
Louisiana	Both spouses must have signatures notarized.
Maine	Both spouses.	§ 5-905(1)
Maryland	Both spouses.	§ 17–110
Massachusetts	It must be recorded in the Registry of Deeds where the husband resides.	§ 5-103
Michigan	Both spouses.	§ 700-5501(2)
Minnesota	Both spouses must have signatures notarized and with two witnesses.	§ 523.01
Mississippi	Both spouses.	§ 87-3-105
Missouri	Both spouses must have signatures notarized.	§ 404.705(3)
Montana	Both spouses.	§ 72-31-305
Nebraska	Both spouses.	§ 30-4005
Nevada	Both spouses.	§ 162A.220(1)
New Hampshire	Both spouses.	§ 564-E:105
New Jersey	Both spouses.	§ 46:2B-8.9
New Mexico	Both spouses must have signatures notarized.	§ 45-5B-105
New York	Both spouses must have signatures notarized.	§ 5-1501B
North Carolina	Both spouses.	§ 32C-1-105
North Dakota	Both spouses.
Ohio	Both spouses.	§ 1337.25
Oklahoma	Both spouses.	§ 3005
Oregon	Both spouses.
Pennsylvania	Both spouses.	§ 5601(b)(3)
Rhode Island	Both spouses.	§ 18-16-2
South Carolina	Both spouses.	§ 62-8-105
South Dakota	Both spouses.	§ 59-12-4
Tennessee	Both spouses.
Texas	Both spouses.	§ 751.0021
Utah	Both spouses.	§ 75-9-105
Vermont	Both spouses.	14 V.S.A. § 4005
Virginia	Both spouses.	§ 64.2-1603
Washington	Both spouses.	§ 11.125.050
West Virginia	Both spouses.	§ 39B-1-105
Wisconsin	Both spouses.	§ 244.05
Wyoming	Both spouses.	§ 3-9-105

Video

How to Revoke

Nullifying a prenuptial agreement requires the consent of both parties and is recommended to be notarized.

Revocation of Prenuptial Agreement

I, [Spouse’s Name] and [Spouse’s Name], hereby revoke, void, and nullify the prenuptial agreement signed on the ____ day of _________________, 20____. We, the spouses, both have agreed to execute this revocation through our own free will and not under any unlawful duress or coercion by any outside parties.

Spouse Signature ____________________ Date ___________

Print Name ____________________

Spouse Signature ____________________ Date ___________

Print Name ____________________

Prenuptial (Premarital) Agreement Template

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