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Prenuptial (Premarital) Agreement Template

A prenuptial agreement is a contract made between a couple, prior to marriage, that covers the division of assets and spousal support (alimony). It becomes effective upon the divorce or legal separation of the couple and is legally binding in all 50 States.
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Also known as

  • Prenup
  • Premarital agreement
  • Antenuptial agreement

By State

How to Make a Prenuptial Agreement (5 steps)

2022 Prenup Stats[1][2]

  • 15% of married or engaged couples have 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 because of how it could make the other person feel. Therefore, choosing the right time and engaging in a polite and thoughtful conversation is best.

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]

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).

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.

5. Sign the Prenup

person signing prenuptial agreement

A partner cannot be coerced or under duress when signing a prenup. For example, each party must have seven days to review a prenup in California;[10]

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 Who is required to sign? 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 ____________________

Sources

  1. theharrispoll.com/briefs/popularity-of-prenups-rising-2022/
  2. helloprenup.com/wp-content/uploads/2023/08/7-1.png
  3. helloprenup.com/wp-content/uploads/2023/08/13.png
  4. Uniform Premarital and Marital Agreements Act – Section 9(a)(4)
  5. Uniform Premarital and Marital Agreements Act – Section 9(d)
  6. Uniform Premarital and Marital Agreements Act – Section 2(6)
  7. Uniform Premarital and Marital Agreements Act – Section 9(d)(2)
  8. Uniform Premarital and Marital Agreements Act – Section 10(b)
  9. helloprenup.com/wp-content/uploads/2023/08/7-1.png
  10. Marriage of Cadwell-Faso (2011)