Prenuptial Agreement Template – State Guide
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Get the fillable document, the editable version, and an action checklist:
The short version:
- A prenup is a financial conversation in writing, not a sign of distrust. It decides whose property is whose, how debts are handled, and what happens if the marriage ends. You can copy a complete one from this page.
- Five things make it hold up: Both sign voluntarily, both fully disclose their finances, it is not wildly one-sided, it is in writing and signed before the wedding, and ideally each person has their own lawyer review it.
- It cannot decide child custody or support. A court always decides those based on the child’s best interest at the time.
- Give it time. Sign weeks before the wedding, not the night before. A last-minute prenup is the easiest kind for a court to throw out.
Download Your Free Prenuptial Agreement Template
Talking about money before a wedding can feel awkward, and bringing up a prenup can feel harder still. It helps to remember what it really is: An honest conversation about your finances, written down while you are both calm and on the same side. Many people marry with assets, a business, or debts they would like to keep clear, and a prenup makes those understandings explicit instead of leaving them to your state’s default rules. Download our free template below, or copy the full agreement from this page.
Prefer a guided, fill-in-the-blank version with state-specific prompts? LawDepot walks you through a prenup step by step.
What’s included in this free download:
- Complete prenuptial agreement template
- Separate vs. marital property definitions
- Pre-marital debt allocation
- Spousal support (alimony) provisions, with three options
- Business interest and retirement account treatment
- Optional sunset clause (auto-expiration after a set number of years)
- Financial disclosure schedules for both parties
- Acknowledgment of independent counsel
What Is a Prenuptial Agreement?
A prenuptial agreement (a “prenup,” or premarital agreement) is a contract between two people who plan to marry. It sets out how assets, debts, income, and support will be handled during the marriage and if it ends by divorce or death.
Without a prenup, your state’s laws make these decisions for you, and those default rules sometimes produce a result neither of you wanted.
What a prenup can do:
- Keep certain assets as separate property (protected from division)
- Set how property you build together is divided
- Protect each of you from the other’s pre-existing debts
- Set or waive spousal support (alimony)
- Protect a business from being divided in a divorce
- Clarify inheritance rights (alongside your will and estate plan)
What a prenup cannot do:
- Decide child custody or child support (a court decides those based on the child’s best interest)
- Include anything that encourages divorce
- Contain terms that are unconscionable (so one-sided or unfair that a court refuses to enforce them)
- Waive the right to basic necessities
- Enforce non-financial personal terms (a court will not order who cooks dinner)
If you are living together but not yet planning a wedding, the equivalent document is a cohabitation agreement.
Who Benefits From a Prenup?
The idea that prenups are only for the wealthy is out of date. A prenup is worth considering if any of these fit:
- One or both of you owns a business, which could be partly awarded to the other spouse without an agreement, especially if it grows during the marriage.
- You bring significant assets, like a home, an inheritance, or savings you want to keep separate.
- One of you has significant debt, such as student loans or credit-card balances, that the other does not want to share.
- It is a second marriage, especially with children from a prior relationship whose inheritance you want to protect while still providing for your new spouse.
- You expect an inheritance and want it clearly classified as separate property.
- Your incomes are very different, and you want clear expectations about support and shared expenses.
What Makes a Prenup Enforceable (5 Requirements)
Courts do invalidate prenups that are done badly. Most states follow the framework of the Uniform Premarital Agreement Act, and it comes down to five things.
1. Both Sign Voluntarily
No coercion. A prenup dropped on a partner the night before the wedding, or signed under a threat to call it off, invites a court to throw it out. Present it well ahead of time, ideally 30 to 60 days before the wedding, so both of you have room to think and negotiate.
2. Full Financial Disclosure
Each of you lists all assets (with values), all debts, and income. A prenup built on a hidden account is voidable. If your spouse later finds a $500,000 account you never disclosed, the whole agreement can fall. The template includes a Schedule A and Schedule B for each person’s disclosure.
3. Independent Legal Counsel
It is not required everywhere, but having your own lawyer (a separate one for each of you) greatly strengthens the agreement. In California, for example, you need either independent counsel or a written waiver plus a 7-day waiting period under Family Code §1615.
4. Not Unconscionable
The agreement cannot be so one-sided that it shocks the conscience. One that leaves a spouse with nothing while the other keeps everything is likely unenforceable, even if it was signed voluntarily.
5. Properly Executed
In writing (an oral prenup is never enforceable), signed by both, notarized (and witnessed where the state requires it), and signed before the marriage. Sign it after the wedding and it becomes a postnuptial agreement, which some states scrutinize more closely.
Free Prenuptial Agreement Template (Copy & Paste)
Here is a streamlined prenup you can copy from the page. It covers the core: Separate and marital property, debts, support, and the acknowledgments that keep it enforceable. Replace every bracketed field, attach each person’s financial disclosure, and, for anything beyond a simple situation, have each side’s attorney review it before you sign.
PRENUPTIAL AGREEMENT
This Prenuptial Agreement (“Agreement”) is made on [DATE] between [PARTY 1 FULL NAME] and [PARTY 2 FULL NAME], who intend to marry on or about [WEDDING DATE].
Recitals. Each party has fully disclosed their assets, debts, and income to the other (attached as Schedule A for Party 1 and Schedule B for Party 2). Each has had the chance to consult their own attorney, and each signs this Agreement voluntarily and without pressure.
1. Purpose. The parties wish to set their property and financial rights during the marriage, and if it ends by divorce or death, rather than rely only on state default law.
2. Separate Property. The property each party owns before the marriage, along with any inheritance or gift that party receives during the marriage, remains that party’s separate property. Income or appreciation on separate property [ ] remains separate / [ ] becomes marital property.
3. Marital Property. Property the parties acquire together during the marriage with shared funds is marital property and, if the marriage ends, will be divided [ ] equally / [ ] as follows: [SPECIFY].
4. Debts. Each party is solely responsible for the debts they bring into the marriage. Debts taken on during the marriage are [ ] the responsibility of whoever incurred them / [ ] shared equally.
5. Spousal Support. [ ] Each party waives spousal support (alimony) to the extent the law allows / [ ] Support will be [AMOUNT or FORMULA] / [ ] Support is left to the court under state law. (A full waiver may not be enforced if it would leave a spouse unable to meet basic needs.)
6. At Death. This Agreement [ ] preserves / [ ] waives the rights each party would otherwise have in the other’s estate. Each party may still provide for the other through a separate will or trust.
7. Voluntary and Informed. Each party signs freely, after full disclosure and the opportunity for independent legal advice, and not under pressure.
8. Governing Law. This Agreement is governed by the laws of the State of [STATE]. If any provision is unenforceable, the rest remains in effect.
9. Effective Date. This Agreement takes effect only if and when the parties marry.
Party 1 Signature: __________________ Print Name: [PARTY 1] Date: ______
Party 2 Signature: __________________ Print Name: [PARTY 2] Date: ______
Acknowledged before me (a notary public) on [DATE]. Notary: __________________
This template is general information, not legal advice. Sign well before the wedding (at least 7 days in California, and more time is better everywhere), after each party has had the chance for their own attorney to review it.
What the Full Template Covers
The download expands the core above with the detail a fuller agreement needs. The key sections:
Definitions: Separate property (owned before the marriage, plus inheritances and gifts), marital property (built together during the marriage), and commingled property (separate property mixed with marital money until it can no longer be traced).
Separate property: Each person’s pre-marital assets stay theirs, including passive appreciation, unless you agree otherwise. You choose whether income earned on separate property stays separate or becomes shared.
Business interests: A business owned before the marriage stays separate, but you decide how to treat appreciation that comes from a spouse’s work during the marriage. This is one area where a professional valuation and an attorney are often worth it.
Spousal support: Waive it, set a sliding scale tied to how long the marriage lasts, or leave it to the court. Our state alimony calculator shows what a court might otherwise order, and our divorce cost calculator shows what the process itself can run.
Death provisions and sunset clause: Decide what each spouse keeps in the other’s estate (coordinated with your living trust, will, and powers of attorney), and whether the prenup expires after a set number of years.
How to Create Your Prenup (Step-by-Step)
Step 1: Start the Conversation Early
Three to six months before the wedding is ideal. Frame it as planning together, not protecting yourself from your partner. The earlier it comes up, the less it feels like an ultimatum.
Step 2: Each of You Discloses Everything
Gather account statements, real estate and business valuations, retirement balances, a debt summary, and recent tax returns for each person. Full honesty here is both legally required and good for the marriage.
Step 3: Agree on the Key Terms
Talk through what each of you wants to keep separate, how you will handle joint finances, what is fair on support if things end, and how to treat a business or the marital home.
Step 4: Each Party Gets Their Own Attorney
Separate lawyers explain what each of you would receive without a prenup, check the agreement for fairness, and make sure each person understands what they are agreeing to.
Step 5: Draft, Review, and Finalize
Use the template as a starting point, negotiate the open terms, and revise until you both agree. Then wait at least seven days after the final version before signing (a California rule, and good practice everywhere).
Step 6: Sign Properly
Both sign voluntarily, notarize, add witnesses if your state requires them, attach the financial disclosures, and each keep an original.
Free Template vs. Online Builder vs. Attorney
Our template is a strong starting point. Here is the honest trade-off.
| Option | Typical cost | Best for | Trade-off |
|---|---|---|---|
| Free template (like ours) | $0 | Couples who agree on terms and have a straightforward situation | Best paired with at least an attorney review before signing |
| Online builder (e.g., LawDepot) | Subscription or per-document | People who want guided questions and state-specific language | Ongoing cost; still not tailored legal advice |
| Attorneys (one each) | ~$1,500 to $5,000 per party | Significant assets, a business, children from a prior relationship, or a real power imbalance | Highest cost, but the strongest enforceability |
Because a prenup waives legal rights, the safest approach for most couples is to start from the template, agree on the terms, then have each side’s attorney review it before signing.
Want state-specific clauses and guided questions while you fill it out? LawDepot’s prenup builder handles it.
State-Specific Considerations
Community Property States (9)
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, most income and property acquired during the marriage is automatically community property, owned 50/50, and a prenup is the main way to change that default. Five more states (Alaska, Florida, Kentucky, South Dakota, and Tennessee) let couples opt into community property by agreement or trust.
Equitable Distribution States (the other 41 plus D.C.)
Everywhere else, a court divides marital property in a way it considers fair, which is not always an equal split. The court weighs things like the length of the marriage, each spouse’s contributions, and future needs. A prenup lets you set your own rules instead.
A Few Notable Rules
California: A 7-day gap between receiving the final draft and signing, plus independent counsel or a written waiver, and full disclosure.
New York: Generally very enforceable if properly executed; independent counsel is not required but is strongly advised.
Florida: Full financial disclosure required, signed voluntarily, and not unconscionable.
Texas: A community property state, so a prenup is the key tool for keeping separate property separate.
Common Prenup Mistakes
Mistake 1: Presenting It Too Late
A prenup sprung a week before the wedding hands a court a ready-made coercion argument. Start three to six months early.
Mistake 2: Hiding Assets
An undisclosed asset can void the whole agreement. Full transparency is both required and healthier for the relationship.
Mistake 3: Making It Entirely One-Sided
An agreement that gives one spouse nothing is likely unconscionable. Build in reasonable provisions for both of you.
Mistake 4: Trying to Decide Child Custody
A court decides custody based on the child’s best interest at the time of divorce. You cannot lock it in ahead of time, and trying to can undermine the rest of the agreement.
Mistake 5: Never Updating It
A prenup written when you were both 25 with little may not fit your lives 20 years on. Revisit it after major changes, through a formal amendment.
Frequently Asked Questions
Will a prenup protect me if my spouse runs up credit card debt?
If the prenup says each party is responsible for the debts they individually incur, then yes, as between you and your spouse. But a creditor on a joint account can still pursue both of you, because a prenup governs the two of you and cannot override a third party’s rights.
Can I write my own prenup without a lawyer?
Legally, yes. Practically, the risk that it will not hold up rises sharply without attorney involvement. At a minimum, have each party’s lawyer review the final document before signing, even if you draft it from a template.
How much does a prenup cost with attorneys?
A simple prenup often runs $1,500 to $3,000 total, moderate ones $3,000 to $7,000, and complex situations (a business, multiple properties, a blended family) more. For many couples that cost protects far more than it costs.
Can a prenup be changed after marriage?
Yes, through a postnuptial agreement or a written amendment that both parties sign. Some states look at postnuptial agreements more closely than prenups, so a formal amendment is far better than quietly ignoring the prenup.
Does a prenup mean the marriage will fail?
No more than buying insurance means you expect a disaster. Talking openly about money before marriage tends to reduce conflict later, not cause it.
Can a prenup address infidelity?
Some states allow lifestyle clauses (penalties for infidelity, for example), but enforcement varies a lot and California generally will not enforce them. Keep your prenup focused on financial terms, which courts enforce reliably.
Download Your Free Prenuptial Agreement Template
Start the financial conversation that protects both of you, kindly and in writing. Copy the agreement above, or download the full version with its disclosure schedules, and give yourselves one less thing to worry about later.
Prefer a guided experience? LawDepot’s prenup builder asks plain-English questions and generates a state-specific agreement.
Available formats:
- Microsoft Word (.docx), fully editable
- PDF with fillable fields
- Google Docs for cloud editing
Sources & References
This guide is fact-checked against the following official and authoritative sources:
- Cornell LII — Prenuptial Agreement
- Cornell LII — Community Property
- California Family Code §1615 — Premarital Agreements
- Cornell LII — Contract
Fact-checked: July 2026 · ClearLegalTips editorial team. This is legal information, not legal advice.
ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.
