Frequently Asked Questions: Prenuptial Agreements

No one plans to get divorced when they get married, yet the American Psychology Association estimates that between 40-50% of first time marriages end with a divorce. Let us help protect your future with a prenuptial agreement, we hope you'll never need!

What is a prenuptial agreement?

A prenuptial agreement (prenup) is a legally binding contract signed by a couple before marriage that outlines the division of assets, debts, and financial responsibilities in case of divorce or separation, and can also include upon the death of either party.

I don’t have any assets, I’m not rich. Why would I get a prenup?

Prenups are beneficial for all individuals with a future, as none of us have crystal balls to know what it holds. While prenups are often associated with wealthy individuals, they can be useful for anyone who wants to protect personal assets, manage debt, or set financial expectations before marriage. People change. Laws change. It is best to secure your future now, before you are stuck with a major change in circumstances or the law.

What can be included in a prenuptial agreement?

• Division of property and assets

• Debt responsibility

• Spousal support (alimony) terms

• Business ownership protection

• Inheritance rights for children from previous relationships

What cannot be included in a prenup?

• Child custody and child support (these are determined by the court based on the child's best interests)

• Anything illegal or unconscionable

• Personal matters, like household chores or relationship expectations

Can a prenup be changed after marriage?

Yes, couples can create a postnuptial agreement after marriage to modify or update the terms of their prenup.

Will a prenup hold up in court?

A prenup is legally enforceable if it is:

• Signed voluntarily by both parties

• Fair and not overly one-sided

• Written with full disclosure of assets and debts

• Not obtained through fraud, coercion, or duress

How do we create a prenup?

• Discuss financial goals and expectations

• Hire separate attorneys for each partner

• Exchange financial disclosures between the parties

• Draft and review the agreement

• Sign the agreement before the wedding

How much does a prenup cost?

The cost varies, but typically ranges from $1,000 to $5,000, depending on complexity and attorney's experience and hourly rate. You will need to consult with an attorney regarding your specific situation to gauge your case's anticipated cost. We think of it as an insurance investment—we hope you never need it. But if you do, the payout will far outweigh the cost you paid to get it done.

When should we start discussing a prenup?

As early as possible—ideally several months before the wedding—to allow time for discussion and legal review.

*Disclaimer: The information contained in this post is provided for informational purposes only and should not be construed as legal advice on any subject matter. This does not establish an attorney-client relationship with the law firm that provided this information.