A clear starting point for prenuptial agreements.
A prenup is a legal agreement, but the process begins with practical questions: what each person owns, what matters to protect, what should be shared, and how to make informed decisions before marriage.
What is a prenup?
A prenuptial or premarital agreement is a contract made in contemplation of marriage. Depending on applicable state law, it can address property rights, characterization of assets and income, responsibility for debts, estate-planning coordination, and certain financial rights if the marriage ends.
What can a prenup help clarify?
- Separate property brought into the marriage
- How future earnings, savings, or investments will be treated
- Ownership and growth of a business or professional practice
- Real estate and mortgage obligations
- Responsibility for existing and future debt
- Inheritance, family wealth, trusts, and gifts
- Potential spousal-support provisions where permitted
What usually matters most?
Enforceability is state-specific, but recurring issues include voluntariness, adequate time, financial disclosure, independent counsel, the substance of the agreement, and compliance with statutory formalities. The right process matters just as much as the document.
When should you start?
Earlier is better. Starting months before the wedding gives both people time to gather financial information, retain separate counsel where appropriate, negotiate without unnecessary pressure, and make deliberate decisions.
Where should you go next?
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