What Is a Prenuptial Agreement?

A prenuptial agreement (prenup) is a legally binding contract entered into before marriage that addresses financial rights and obligations during and after the marriage.

What a prenup can cover:

Division of property and assets acquired before and during the marriage

Responsibility for debts

Spousal support (alimony) terms

Protection of business interests

Inheritance rights

Financial responsibilities during the marriage

What a prenup cannot cover:

Child custody or child support (courts decide these based on the child's best interests)

Non-financial personal matters

Anything illegal or unconscionable

Requirements for enforceability:

Written and signed by both parties.

Voluntary — Neither party was coerced or pressured.

Full disclosure — Both parties fully disclosed their assets and debts.

Fair and reasonable — The terms are not grossly unfair or unconscionable.

Independent counsel — While not always required, both parties having their own attorney strengthens enforceability.

Proper timing — Signed well before the wedding to avoid claims of duress.

When a prenup may be challenged:

One party did not have adequate time to review it.

There was fraud or hidden assets.

One party signed under duress.

The terms are so one-sided as to be unconscionable.

Postnuptial agreements. Similar agreements can be entered into after marriage, though they may face greater scrutiny from courts.

This is legal information, not legal advice.