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?
What makes a prenuptial agreement invalid?
Does a prenup have to be signed a certain time before the wedding?
Related Terms
Postnuptial Agreement
A written contract between spouses, signed after the wedding while they intend to stay married, that sets out how property, debts and sometimes support will be handled if the marriage ends.
Separate Property
Property that belongs to one spouse alone, typically property owned before the marriage or received during the marriage as a gift or inheritance, which is usually not divided in a divorce.
Marital Property
Assets and debts acquired during the marriage that are subject to division in a divorce, as opposed to separate property owned before marriage or received as gifts/inheritance.
Alimony
Court-ordered financial support paid by one spouse to the other during or after divorce, also known as spousal support or maintenance.
Divorce
The legal dissolution of a marriage by a court or other competent body, ending the marital relationship and dividing assets, debts, and responsibilities.
For Family Law cases
In a divorce, the financial record starts in the client’s phone.
Clients upload statements and screenshots, and Quilia lists every account, card and loan it finds, so financial disclosure starts mostly done.
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