Free Prenuptial Agreement Template

A prenuptial agreement (often called a prenup) is a written contract two people sign before marriage. It explains how property, income, and debts will be handled during the marriage, and if the relationship ends.

It can also cover financial topics that often come up in divorce, such as how you’ll divide certain assets, or whether either partner may receive spousal support.

Tip: A prenup works best when it’s honest and complete. Clear disclosures and enough time to review the terms can make the agreement easier to enforce later.

Many couples use a prenup when they want more clarity than state default laws provide. For example, a prenup can be helpful if either partner:

• Owns a home, savings, or investments before marriage
• Has a business or expects future business growth
• Has student loans, credit card debt, or other major liabilities
• Wants to protect an inheritance or family property
• Has child(ren) from a previous relationship

If you’re planning ahead for “just in case” scenarios, you may also want to understand how separation or divorce paperwork works. You can explore a separation agreement template or a divorce agreement template to see what issues those documents typically address.

A prenup usually focuses on finances. Common topics include:

• Separate vs. shared property: What each partner keeps, and what becomes marital property
• Debt responsibility: Who pays which debts, including debts brought into the marriage
• Business interests: Whether a business stays separate, and how growth is handled
• House and housing plans: What happens to the marital home if you separate
• Household expenses: How you’ll split bills during the marriage
• Spousal support: Whether either partner may receive support, and under what limits
• Inheritance expectations: Whether either partner waives certain inheritance rights

States often restrict terms about child custody or child support. If you have child(ren), consider pairing this with a parenting plan if you ever need one later.

A prenup can affect estate planning, but it does not automatically replace a will. A will controls who receives property after death, while a prenup may include waivers of spousal rights or rules about separate property.

To reduce conflicts, it helps when your prenup and estate documents match. If you’re building a broader plan, you may also want a power of attorney or a medical power of attorney so someone you trust can act if you cannot.

Yes, it’s possible to create your own prenup. However, the agreement must meet your state’s rules to be enforceable. Many states look closely at whether the prenup was voluntary, fair, and based on complete financial information.

For example, the American Bar Association’s overview of prenuptial agreements notes that enforceability rules vary by state and can include timing and formal signing requirements.

Common Requirements for an Enforceable Prenup

Rules vary by state, but many prenups are more likely to hold up when both partners:

• Put the agreement in writing
• Sign voluntarily, without pressure or threats
• Share full and accurate financial disclosures
• Have time to review the terms well before the wedding
• Have the option to consult separate legal counsel
• Avoid terms a court will not enforce in your state

Document Genius helps by walking you through the key decisions with a step-by-step questionnaire, then generating a clean, consistent document you can download as PDF or Word.

A strong prenup is usually the result of good preparation, not complicated legal language. Here’s a practical way to build one.

1. List Each Partner’s Full Legal Details

Include each partner’s legal name, address, and basic identifying details. Also note prior marriages, if applicable, and whether either partner has child(ren) from a previous relationship.

2. Gather Financial Disclosures

Each partner should disclose major assets, debts, and income sources. In most cases, the clearer the disclosure, the stronger the agreement.

• Bank and investment accounts
• Real estate
• Vehicles and valuable personal property
• Business interests
• Loans, credit cards, and other liabilities
• Retirement accounts and insurance policies

3. Decide How You’ll Treat Property

Agree on what stays separate, what becomes marital, and how shared assets will be divided if you separate. This can include property you already own and property you may acquire later.

4. Address Debts and Ongoing Expenses

Clarify which debts remain individual and how you’ll handle new debt during the marriage. You can also outline how you’ll split everyday expenses, such as rent or a mortgage, utilities, and other household costs.

5. Include Any Spousal Support Terms

If you plan to limit or waive spousal support, your state may review that carefully. Be realistic, and consider getting independent legal advice if the terms are complex.

If your agreement touches alimony tax topics, keep the rules time-specific. The IRS explains how alimony is treated for federal tax purposes, depending on when the divorce or separation instrument was executed. In general, alimony is no longer tax-deductible for the person paying.

6. Sign Correctly and Store Copies

Follow your state’s signing requirements, which may include witnesses or notarization. Then keep copies in a safe place, and make sure both partners have access to the final signed version.

Try to finalize your prenup well before the wedding date. Rushed timing can create enforceability issues in some states.

A prenup is signed before marriage. If you’re already married, you may need a postnuptial agreement instead. Courts can review postnuptial agreements more closely, so it’s especially important to follow your state’s rules and avoid uneven pressure or unfair terms.