Home Blog Prenuptial Agreement Drafting: Key Terms, Drafting Tips, Legal Help

Prenuptial Agreement Drafting: Key Terms, Drafting Tips, Legal Help

Jump to Section

Quick Facts — Prenuptial Agreement Lawyers

What is Prenuptial Agreement Drafting?

A prenuptial agreement is a legal contract you and your future spouse sign before getting married. It covers key terms related to how you’ll manage your finances, assets, and debts during your marriage as well as how they’ll be divided if you get divorced.

To prevent disputes, your prenup needs to be legally solid and clear. It should also be balanced to protect both parties’ interests.

Read the rest of this article to explore prenuptial agreements in greater detail and how they should be drafted. We’ll also feature information about how a qualified lawyer can help you.

What’s Included in a Prenuptial Agreement?

A prenup usually contains important information about the following:

  • Assets. Both parties’ assets must be included to show what they are bringing into the marriage. These include real estate and investments. There can also be information about managing assets acquired during the marriage.
  • Debt allocation. This section of the agreement specifies who is responsible for personal debts and those acquired during the marriage.
  • Alimony. Otherwise known as spousal support, this explains how maintenance will be defined.
  • Child support. All terms related to child custody and visitation rights in the case of divorce must be specified.
  • Inheritance rights. In some cases, a prenup can include terms to protect assets that should go to children from previous relationships.
  • Marital responsibilities. The prenup can include information about spousal duties and who will be responsible for what under the agreement, such as specific lifestyle arrangements.

How Do You Draft a Prenuptial Agreement?

There are some tips to consider before you get married, and drafting a solid prenup is one of them. However, you should prepare for it prior to drafting it so you don’t miss anything important. Here are some tips.

Have Conversations with Your Partner

Before drafting a prenup, you should have open conversations with your partner about why you want to have one and what you want included in it. This will make the process of drafting and signing the prenup a more streamlined process.

Collect Financial Information

You should have all your financial documents prepared prior to drafting a prenup. These include tax returns, bank statements, real estate documents, and others. Transparency is key when drafting a contract, so both spouses should disclose all their financial information.

Have a Dispute-Resolution Clause

Should disputes arise between you and the other party, you should have a clear dispute-resolution clause. This outlines how disagreements can be resolved, such as via mediation or arbitration to reduce litigation costs.

Use Clear Wording

You should make the prenup as clear and specific as possible to avoid uncertainties. If there is vague language, this can be misinterpreted, which can result in disputes over what was agreed on.

Consider State Laws

Prenuptial rules vary in different U.S. states, so you want to check them prior to drafting your prenup terms.

Be Cautious of Using Templates

Although prenuptial agreement templates can make the process of drafting this essential document convenient, you should choose one wisely. It should be legally valid and customizable so that you can tailor it to your requirements.

On ContractsCounsel, one of the largest online legal marketplaces where you can connect with vetted lawyers, you can purchase a prenuptial agreement template that’s been drafted by a qualified lawyer and customizable. It can also include a consultation with the same lawyer who drafted it, should you have any queries.

Make the Prenuptial Legally Valid

There are some important tips to follow to make your prenup valid, such as putting the agreement in writing and ensuring that both parties disclose all their assets.

When signing the prenup, both parties must sign it, have it witnessed, and get it recorded by a notary public.

Collaborate with Professionals

It’s in your best interests to coordinate with various professionals during the drafting of your prenup, such as business advisors, who will help you protect your professional affairs. Another example is your tax advisor, who will assist you with all your tax obligations.

Do You Need a Lawyer to Draft a Prenuptial Agreement?

It’s advisable to hire a lawyer to draft your prenuptial agreement. They will help you in a variety of ways, such as by:

  • Checking that the contract is legally enforceable should you have to go to court in future.
  • Customizing the prenup so that it meets your requirements and needs.
  • Ensuring that the prenuptial agreement complies with all relevant state laws.
  • Avoiding making mistakes that can cost you in the future.
  • Structuring the agreement so that it’s fair and reasonable.
  • Avoiding any vague or legally complex wording that can be misleading.
  • Ensuring that the contract has full financial disclosure between parties.
  • Preventing any one-sided terms that can put you at a disadvantage.
  • Noticing potential future risks, such as disputes.
  • Maintaining an objective perspective, which is helpful because prenups can involve sensitive terms.
  • Negotiating with the other party so that you can finalize favorable terms.

Where to Get a Lawyer to Draft Your Prenuptial Agreement

If you need to hire a lawyer to draft your prenup, you don’t have to feel stressed about where to find a reputable one. You can find a vetted, professional lawyer on online legal platforms like ContractsCounsel.

On the platform, you can search for the best lawyer for your legal requirements according to data such as their location, experience level, expertise, and credentials. You can also review client ratings for previous projects the lawyers have completed on the platform.

To hire a lawyer to draft your prenuptial agreement, follow these easy steps:

1. Go to the ContractsCounsel marketplace, where you can post your project for free. Include a few details of what you need.

2. You’ll receive multiple bids from lawyers directly on the platform who can assist you.

3. Once you receive the lawyer bids, you should review the lawyers' profiles according to data such as their level of experience and others.

4. Connect with a lawyer you think is best suited to your requirements and hire them.


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 20,976 reviews

Meet some of our Lawyers

Brian W. on ContractsCounsel
View Brian
5.0 (7)
Member Since:
May 18, 2023

Brian W.

Business & Immigration Attorney
Free Consultation
Texas or Alabama
3 Yrs Experience
Licensed in AL
Texas Southern University

As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.

Recent  ContractsCounsel Client  Review:
5.0

"Brian was great to work with and delivered the work requested well before the deadline. He went above and beyond to provide what I needed for my project. Thanks, Brian!"

Connie C. on ContractsCounsel
View Connie
5.0 (21)
Member Since:
June 14, 2023

Connie C.

Attorney
Free Consultation
Tennesee
12 Yrs Experience
Licensed in TN
Nashville School of Law

Connie Chadwick presently focuses her law practice in Tennessee on flat fee legal services which commonly include family court settlements such as divorces, child support orders, custody agreements; contracts; business formation services; and estate plans. Connie is also a Tennessee licensed residential general contractor with over fifteen years of experience in the construction field. With both legal and construction experience, Connie is a logical choice for contractor disputes. Connie earned her Doctorate of Jurisprudence from The Nashville School of Law after earning her Bachelor of Science in Accounting and Finance from Lipscomb University. www.conniechadwicklaw.com Connie Chadwick is recognized by peers and was selected to SuperLawyers Rising Stars for 2017 - 2023. This selection is based off of an evaluation of 12 indicators including peer recognition and professional achievement in legal practice. Being selected to Rising Stars is limited to a small number of attorneys in each state. As one of the few attorneys to garner the distinction of Rising Stars, Connie Chadwick has earned the respect of peers as one of the top-rated attorneys in the nation.

Recent  ContractsCounsel Client  Review:
5.0

"Connie was a pleasure to work with and provided thorough legal advice that I was able to make actionable decisions on. Thank you Connie!!"

Amber M. on ContractsCounsel
View Amber
5.0 (29)
Member Since:
March 8, 2023

Amber M.

Attorney
Free Consultation
Arizona
11 Yrs Experience
Licensed in AZ, OK
J. Reuben Clark Law School

Amber Masters has 11 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 assisting health care providers through practice transitions including 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.

Recent  ContractsCounsel Client  Review:
5.0

"Amber was great to work with. Clear scope delivery on schedule and budget. Very helpful and efficient. Would highly recommend her."

Donya G. on ContractsCounsel
View Donya
4.9 (61)
Member Since:
July 11, 2020

Donya G.

Contract, M&A, E-Commerce Attorney; Contract Dispute and Dispute Resolution Specialists
Free Consultation
United States
26 Yrs Experience
Licensed in CT, NY
Pace University School of Law

I am a Contracts and Mergers & Acquisitions Attorney with more than 25 years of diverse legal and business experience. My practice focuses on mergers and acquisitions, commercial contracts, contract dispute resolution, and a broad range of business-related legal matters. I have extensive experience managing and closing transactions across a variety of industries, including SaaS, IT, eCommerce, franchises, agencies, and food services. I take a practical, business-oriented approach to transactions, helping clients efficiently navigate complex deals from initial structuring and negotiation through execution and closing. My combined legal, litigation, financial, and business experience allows me to deliver strategic, efficient, and practical solutions tailored to my clients’ objectives, whether in deal negotiations, contract structuring, dispute resolution, or complex business transactions

Recent  ContractsCounsel Client  Review:
5.0

"Donya was an amazing partner and was very patient and diligent in dealing with the APA and OA. I highly recommend her as she knows her stuff, is confident, and always has your back."

Faryal A. on ContractsCounsel
View Faryal
4.9 (228)
Member Since:
February 23, 2023

Faryal A.

Attorney/Counsel
Free Consultation
Houston, Texas
4 Yrs Experience
Licensed in TX
University of Houston

Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.

Recent  ContractsCounsel Client  Review:
5.0

"She was awesome, and went above and beyond to understand what I need and add it in the document. She takes time to answer your question by phone and is able to translate complicated legal stuff in a understandable language. I would 100% hire again."

Derek C. on ContractsCounsel
View Derek
Member Since:
June 19, 2023

Derek C.

Real Estate Attorney
Tampa, Florida
12 Yrs Experience
Licensed in FL, NM, NY
Barry University

With over a decade of experience in transactional legal work, I provide clients with comprehensive, practical, and tailored solutions in real estate, business law, and estate planning. My focus is on delivering precise, client-centered services that protect your interests and help you achieve your goals. What I Offer: Real Estate Law: Expertise in drafting, reviewing, and negotiating contracts for purchases, sales, leases, easements, title documents, and closings. Whether you're dealing with commercial, multifamily, or residential properties, I’ll ensure your transaction is seamless and secure. Business Law: Skilled in forming entities, drafting contracts, and other key negotiations. From startups to established businesses, I provide legal guidance to help you operate and grow with confidence. Estate Planning: Comprehensive estate planning services, including wills, trusts, powers of attorney, and healthcare directives. I work closely with clients to create customized plans that protect their assets and ensure their wishes are honored. Transactional Expertise: A proven track record of navigating complex deals efficiently and accurately, reducing risks and delivering results. Why Work With Me? Client-Centered Approach: I prioritize your unique needs, ensuring tailored solutions and clear communication throughout. Attention to Detail: My meticulous approach ensures that every document, negotiation, and agreement is handled flawlessly. Proven Results: For over 10 years, I’ve helped clients close real estate deals, secure favorable business outcomes, and establish estate plans that offer peace of mind. Let’s work together to secure your future, protect your assets, and simplify complex legal transactions. Contact me today to discuss how I can support your real estate, business, or estate planning needs!

John B. on ContractsCounsel
View John
Member Since:
June 21, 2023

John B.

Principal Attorney
Free Consultation
Indianapolis, IN
16 Yrs Experience
Licensed in IL, IN
University of Illinois Chicago School of Law

I am an attorney with over 13 years experience licensed in both Illinois and Indiana. I spent the early part of my career as a civil litigation attorney. Eventually, I moved into an in-house role, specifically as general counsel, to help companies avoid the pains of litigation. In doing so, I gained significant experience in executive leadership, corporate governance, risk management and cybersecurity/privacy. I bring this wealth of experience to my client engagements to not only resolve the immediate issue, but help implement lasting improvements in practices to avoid similar problems going forward.

Find the best lawyer for your project

Browse Lawyers Now

See Real Prenuptial Agreement Projects

Florida Review my prenuptial agreement / answer questions / check understanding Review
  • Florida
  • 5 lawyer bids
  • $300 - $1,000
View Details
California Prenup review Drafting
  • California
  • 5 lawyer bids
  • $200 - $1,495
View Details
Florida Lawyer for prenuptial agreement review Review
  • Florida
  • 5 lawyer bids
  • $360 - $650
View Details
New York Create Prenuptial Agreement Drafting
  • New York
  • 4 lawyer bids
  • $500 - $1,300
View Details
California Review Prenuptial Agreement Review
  • California
  • 7 lawyer bids
  • $495 - $985
View Details
Washington Pre Nup Thai Drafting
  • Washington
  • 2 lawyer bids
  • $900 - $999
View Details

See all Prenuptial Agreement projects

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 20,976 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Family Lawyers
PRENUPTIAL AGREEMENT DRAFTING LAWYERS BY CITY
See All Prenuptial Agreement Drafting 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 20,976 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