ContractsCounsel Logo
Home Blog 11 Things to Include in a Prenuptial Agreement

Jump to Section

A prenuptial agreement is a legal contract between two parties before marriage. It details each individual's assets and specifies how the couple will handle financial issues should they choose to divorce.

A prenuptial agreement will help ensure that difficult issues like how to divide assets, alimony, and child support don’t become legal sticking points in the event a divorce happens. This is much more likely to result in an uncontested divorce.

A prenuptial agreement can benefit any couple that intends to marry. Still, they are often associated with wealthy individuals.

Many people also opt to create a separation agreement these days that sets out what will happen after legal separation but before a divorce is finalized.

Here are 11 things to include in a prenuptial agreement.

1. Spouse Information

Like any contract, a prenuptial agreement, or premarital agreement, as they are sometimes known, needs to include the names of both parties. These should be your full legal names.

See Prenuptial Agreement Pricing by State

2. Separate Assets and Debts

Often, there is a section that includes a list of the assets and debts of both spouses before the marriage and excludes these from the agreement.

This can help prevent financial issues later, especially when one spouse has many more assets or liabilities at the time of marriage.

3. Joint Assets and Debts

Another section most prenuptial contracts will address is any joint assets and debts the parties have or will purchase and how those will be divided in the event of a divorce. This might include who gets which assets, who is responsible for which loans or mortgages, etc.

4. Children from Previous Marriage

A prenuptial agreement should have a detailed section that includes items about children from a previous marriage. These days, it’s very common that people will blend their families when they marry, and both spouses might have children from previous relationships.

In the event of a divorce, will these children be included in any of the divorce and child support provisions, and if so, to what extent?

5. Marital Responsibilities

Most people have certain expectations of their spouse when they choose to get married. As a result, it’s not uncommon to detail these expectations in a section of a premarital agreement.

Sometimes, these marital responsibilities relate to having and caring for children. Still, it could be anything that both parties agree to.

6. Work

Sometimes, spouses feel they need to formalize their approach to work in their prenuptial agreement.

This could refer to work during the marriage and how it might affect the marriage. Alternatively, it could be a requirement that both spouses continue to work after a divorce, regardless of any spousal support agreements.

7. Family Property

In some cases, certain assets might be considered family property. This might include things like vacation homes or businesses. If you have or plan to have any property like that, you might need to include a section about how they will be shared and used.

Likewise, sometimes one spouse will enter the marriage with the family property of the other – like an heirloom ring. A premarital agreement might include stipulations about returning those kinds of items.

8. Inheritance Rights

In most areas, automatic inheritance rights give a spouse or child automatic property rights. However, suppose the spouses creating a premarital agreement do not want to follow those regulations. In that case, they can include their own provisions in the agreement.

It’s important to note that some places do not allow you to disinherit a spouse or child completely. So it’s always a good idea to find out what is permitted before you draft this section.

9. Property Division in Divorce

Usually, the property is the most significant asset that spouses will acquire in a marriage, so it’s essential to determine how it will be handled in the event of a divorce.

If you have more than one property, you might each choose one or more that you want to have as part of a divorce. Or you might decide to sell all your properties and divide the money from the sale. A lawyer can advise you what your options for property division are.

10. Confidentiality Agreements

Sometimes, mainly when one spouse is well known, a confidentiality agreement will be included in a premarital agreement, or sometimes, even in a postnuptial agreement.

These usually include what each spouse may and may not say about the other and what the penalties for any public statements might be.

11. Spouse Signatures

A prenuptial agreement is a legal document. Like all legal documents, it must be properly completed and signed to be valid and legally binding.

You and your spouse-to-be will need to sign and date the document, and you will usually require one or more witnesses to sign alongside. Both parties will be given a copy of the completed document, too, to have a record of what was agreed.

Get Help Drafting a Prenuptial Agreement

Post a project in ContractsCounsel’s marketplace to receive flat fee bids from lawyers for your project. All lawyers have been vetted by our team and peer-reviewed by our customers for you to explore before hiring.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

Need help with a Prenuptial Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews

Meet some of our Lawyers

Adalbert M. on ContractsCounsel
View Adalbert
5.0 (6)
Member Since:
October 26, 2022

Adalbert M.

Managing Attorney
Free Consultation
Port Saint Lucie, FL
3 Yrs Experience
Licensed in FL
Western Michigan University Thomas M. Cooley Law School

Dynamic Attorney helping people and small business owners protect their assets. Founding Attorney at THE CYA LAW FIRM, PLLC, in Port Saint Lucie, Florida. Offering a wide range of legal services including: Living Trusts and Wills, POA and Advanced Directives, Business Formation, Contract drafting, Business Counsel, Prenuptials and Postnuptials, and more. **Licensed in Florida and fluent in English and Spanish.

Kelynn P. on ContractsCounsel
View Kelynn
5.0 (1)
Member Since:
August 29, 2023

Kelynn P.

Free Consultation
Washington, DC
6 Yrs Experience
Licensed in OH
Cleveland State School of Law

Kelynn was born and raised in Cleveland, Ohio. She attended Spelman College in Atlanta, Georgia where she earned a Bachelor of Arts in Philosophy, and thereafter returned to Cleveland for law school . She earned her Juris Doctor at Cleveland State University - Cleveland Marshall College of Law. She primarily practices insurance defense and civil litigation. She has also practiced in a variety of other areas including family law, contract disputes, contract review, complex civil litigation, medical malpractice, products liability, and mass tort.

Amber M. on ContractsCounsel
View Amber
5.0 (13)
Member Since:
March 8, 2023

Amber M.

Free Consultation
9 Yrs Experience
Licensed in AZ, OK
J. Reuben Clark Law School

Amber Masters has over 9 years of experience as a contracts attorney, helping small businesses with an array of agreements, such as purchase agreements, master service agreements, and employment contracts. She has an extensive background in employment agreements for dentists, doctors, and other health care professionals. She is a highly rated and acclaimed estate planning attorney and personal finance expert, who has been featured on CNBC, NBC, and Yahoo Finance. She successfully launched and sold a fintech startup and can empathize with the issues small and mid-size businesses face. Licensed in Oklahoma and Arizona.

Cory B. on ContractsCounsel
View Cory
5.0 (1)
Member Since:
November 29, 2021

Cory B.

Free Consultation
Bellaire, OH
8 Yrs Experience
Licensed in OH
Duquesne University School of Law

Attorney Cory Barack specializes in business, real estate, probate, and energy law. He can help you with oil/gas leases, easements, property sales, drafting contracts and wills, setting up companies, and resolving disputes. He is licensed to practice law in Ohio and is located in Eastern Ohio.

Cameron S. on ContractsCounsel
View Cameron
Member Since:
January 24, 2022
Brittany B. on ContractsCounsel
View Brittany
Member Since:
December 4, 2021

Brittany B.

Free Consultation
Ann Arbor, MI
10 Yrs Experience
Licensed in MI
Wayne State University Law School

Brittany advises startups and emerging and public companies at all stages of growth, with focuses on formation and corporate governance matters, securities, venture capital financings, M&A and other strategic transactions, commercial contracts and general corporate counseling. Brittany represents clients across a broad spectrum of industries, including technology, automotive, mobility, digital health, consumer products and manufacturing.

James A. on ContractsCounsel
View James
Member Since:
December 5, 2021

James A.

Attorney at Law
Free Consultation
Birmingham, AL
7 Yrs Experience
Licensed in AL
Birmingham School of Law

James Allen is a native of Birmingham, Alabama. Mr. Allen has a considerable amount of experience in the areas of domestic relations, family law, criminal law, and general civil litigation, both at trial and on appeal in state court.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Prenuptial Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews
See All Prenup Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Prenuptial Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city