What Is a Fair Prenup

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 5,649 reviews

Jump to Section

Need help with a Prenuptial Agreement?

Create a free project posting

A fair prenup is a statutory contract that helps express individual assets and debts before a person's marriage. The document serves as a precautionary step to prevent the unjust allocation of assets in the case of separation or divorce of a married couple.

Importance of a Fair Prenup

A prenup is a legal record summarizing how a couple's assets and liabilities will be split in case of a divorce or separation. It can address spousal support, property division, and other financial issues that may arise during a divorce. A prenup can provide couples with economic safety and peace of mind, as it outlines each partner's obligations and responsibilities in case of a divorce or legal separation.

Moreover, a couple might consider a prenup if they have considerable assets, if one partner owns significantly more than the other if they own a company together, or if they have kids from former marriages. Couples entering a second or subsequent marriage may also consider a prenup to protect their assets and ensure their children from previous relationships receive an estate.

Advantages of a Fair Prenup

Below are some primary advantages of a fair prenup.

  • The prenup agreement is lawfully binding for both partners. That is why it guarantees that both parties abide by the regulations and rules specified in the legal document.
  • Each partner's assets are represented within the prenup contract and remain as it is even after the split or dissolution of marriage.
  • The prenup agreement makes both parties financially secure before and after marriage. It also saves both partners from personal accountability.
  • The prenup helps differentiate the properties previously held by each partner during legal separation or divorce. It ensures everyone returns their acquired assets and property without discrepancies or legal difficulties.
  • A prenup is a customizable legal document that can be tailored to meet your distinctive requirements. It can include provisions from property division to spousal support to guardianship arrangements. This flexibility allows couples to make an arrangement that works for them.

How to Create a Fair Prenup

Both partners must agree willingly and fully understand its terms to make a fair prenup. Considering their circumstances, financial situations, and future goals, a prenup should be reasonable and fair to both parties. Below are some guidelines for making a fair prenup:

  1. Equal Representation. Each partner should have equal representation during the negotiation process. Both parties should have their attorneys review the prenup and provide advice on its terms.
  2. Full Disclosure of Assets and Liabilities. Both partners must disclose all their assets and liabilities. It includes all bank accounts, investments, real estate, retirement accounts, and debts. Full disclosure ensures that each partner knows the other's financial situation and can make informed decisions.
  3. Voluntary Agreement. A prenup should be entered voluntarily, without coercion or pressure from either partner. Both parties should have sufficient time to review the prenup and seek legal advice before signing.
  4. Reasonable Terms. The terms of a prenup should be fair and reasonable to both parties. For example, a prenup that requires one partner to give up all rights to marital property or income may be deemed unfair and unenforceable.
  5. Consideration of Future Needs. A prenup should consider each partner's future needs, such as potential career changes or childcare responsibilities. The prenup should not be so restrictive that it prevents partners from pursuing their goals or leaves them in financial distress.
  6. Review and Update. Couples should review their prenup periodically to ensure that it still reflects their current financial situation and future goals. If circumstances change, the prenup may need to be updated or revised.
Meet some lawyers on our platform

Don G.

37 projects on CC
View Profile

Ryenne S.

264 projects on CC
View Profile

Daniel R.

45 projects on CC
View Profile

Patrick N.

3 projects on CC
View Profile

Why Hire a Lawyer for Fair Prenups

An experienced prenup attorney will understand the state or federal laws associated with creating the contract. Below are some key reasons to hire a lawyer to draft a prenuptial agreement.

  • Verification of Relevant Documents. The attorney helps people ensure that the documents they submit for the prenup agreement get verified by the state authorities. The professional lawyer conducts document verification for the existing pieces of proof and gathers more proof if required.
  • Comprehends Personal Assets and Liabilities. In a prenup agreement, people must state all their liabilities and assets before marriage. A skilled attorney goes through a person's records and makes a specific list of assets and liabilities in a contract. Furthermore, the lawyer also helps document administration to protect an individual's assets in the future.
  • Contract Creation. Drafting a prenup contract is one of the most important measures for a prenup. Since it is a formal process, an experienced lawyer is the most suitable to draft, review, and negotiate it according to the client's suggestions. The professional lawyer ensures no specific detail is omitted in the prenup draft and proves every clause before proceeding with the final document. The attorney also guarantees that the prenup aligns with the existing regulations and rules related to United States laws.

Types of Prenup Agreements

Some common types of prenup agreements are as follows:

  • Traditional Prenuptial Agreements. The traditional prenup is the most prevalent type of prenup. It is a legal document that outlines how the couple's assets will be divided in the event of a divorce or separation. This type of prenup is particularly useful for couples with significant assets or debts they want to protect. A traditional prenup typically includes provisions for dividing property, alimony, and spousal support. It may also include clauses protecting one spouse from the other's debts or financial obligations.
  • Estate Planning Prenuptial Agreements. An estate planning prenup is designed to protect both spouses' interests in the event of one spouse's death. This type of prenup can be particularly useful for couples with significant assets, such as real estate or investments, that they want to pass down to their heirs. In addition, an estate planning prenup may include prerequisites for the distribution of assets, including investments, real estate, and other property. It may also comprise provisions for paying estate taxes or other estate-related expenses.

Key Terms for Prenups

  • Child Custody: A person's right to own daily care, control, and accountability for the child according to state or federal regulations.
  • Spousal Support: According to the tribunal's order, people give their spouse maintenance or financial support.
  • Contract: A spoken or written contract enforceable in court or other legal proceedings.
  • Asset: A useful thing that holds worth for a person.
  • Divorce: The official split of a married couple, signifying the annulment of their marriage.
  • Debt: The sum of money due or owed by one person or organization to another.
  • Liability: The legal obligation of a person or organization for property, money, or similar things.

Final Thoughts on Prenups

A fair prenup is executed voluntarily, with full disclosure of liabilities and assets, reasonable terms, equal representation, consideration of future requirements, and periodic assessment and update. Couples considering a prenup should consult with their lawyers and remain prepared to negotiate and compromise to create a fair and reasonable prenup agreement for both parties. A prenup can provide couples financial protection and peace of mind, but it must be entered thoughtfully and carefully.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

Need help with a
Prenuptial Agreement?

Create a free project posting

Meet some of our Lawyers

Christina S. on ContractsCounsel
View Christina
5.0 (1)
Member Since:
November 1, 2022

Christina S.

Managing Attorney
Free Consultation
Kingsport, TN
12 Yrs Experience
Licensed in TN
Appalachian Law School

I am an attorney who has been practicing for over a decade, experienced in multiple areas of law, both from a litigation and more procedural side. The great thing about my practice is that it has trained me to deal with so many different types of problems and to find solutions in a variety of legal scenarios that are almost never similar.

Dean F. on ContractsCounsel
View Dean
5.0 (5)
Member Since:
November 18, 2022

Dean F.

Managing Attorney
Free Consultation
Castle Rock, CO
27 Yrs Experience
Licensed in CA, CO, TN
University of Mississippi School of Law

Ferraro Law Firm was founded by Dean C. Ferraro. Dean earned his Bachelor's Degree from California State Polytechnic University, Pomona ("Cal Poly Pomona") in 1992 and his J.D. Degree from the University of Mississippi School of Law ("Ole Miss") in 1996. He is licensed to practice law in the State Courts of Colorado, Tennessee, and California. Dean is also admitted to practice before the United States District Courts of Colorado (District of Colorado), California (Central District), and Tennessee (Eastern District). Shortly after earning his law license and working for a private law firm, Dean joined the District Attorney's office, where he worked for five successful years as one of the leading prosecuting attorneys in the State of Tennessee. After seven years of practicing law in Tennessee, Dean moved back to his birth state and practiced law in California from 2003-2015. In 2015, Dean moved with his family to Colorado, practicing law in beautiful Castle Rock, where he is recognized as a highly-effective attorney, well-versed in many areas of law. Dean's career has entailed practicing multiple areas of law, including civil litigation with a large law firm, prosecuting criminal cases as an Assistant District Attorney, In-House Counsel for Safeco Insurance, and as the founding member of an online law group that helped thousands of people get affordable legal services. Pursuing his passion for helping others, Dean now utilizes his legal and entrepreneurial experience to help his clients in their personal and business lives. Dean is also a bestselling author of two legal thrillers, Murder in Santa Barbara and Murder in Vail. He currently is working on his next legal thriller, The Grove Conspiracy, set to be published in 2023.

Jason P. on ContractsCounsel
View Jason
5.0 (5)
Member Since:
December 1, 2022

Jason P.

Business Lawyer
Free Consultation
Portland, OR
7 Yrs Experience
Licensed in OR, WA
Lewis & Clark Law School

Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: ​ -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions ​​ In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.

Kimbrelly K. on ContractsCounsel
View Kimbrelly
Member Since:
November 1, 2022

Kimbrelly K.

Free Consultation
Lake Lure, NC
25 Yrs Experience
Licensed in NC
University of North Carolina at Chapel Hill

Attorney Kegler has been licensed to practice law in ​the State of North Carolina since 1998. Over the years,​ she has worked in firms that focused on small​ business financing, initial startup formation, to​ starting several businesses of her own with bootstrap​ financing to venture capital funding. As a Certified​ Dream Manager, she couples the skills of listening to​ understand the big picture to get to solutions that not​ only fit today's needs but also the long term needs of​ her entrepreneurial clients.​

Maigan W. on ContractsCounsel
View Maigan
Member Since:
November 2, 2022

Maigan W.

Principal Attorney
Free Consultation
San Diego, California
2 Yrs Experience
Licensed in CA
California Western School of LaW

Maigan is a registered nurse and attorney with tech law experience, specifically in Web3, including NFTs. Maigan acted as general counsel for a NFT platform for two years and speaks and understands smart contracts. As a registered nurse, Maigan is in a unique position to understand health law issues and graduated with a concentration in health law distinction. Maigan is happy to help you create a business entity, draft and negotiate contracts and agreements, apply for trademarks, draft terms of service and privacy notices, draft terms of sale for NFT drops, draft web3 licenses, and act as a consultant for other attorneys looking for someone who understands web3 and NFTs. Maigan speaks conversational Spanish.

David W. on ContractsCounsel
View David
Member Since:
November 2, 2022

David W.

Free Consultation
7 Yrs Experience
Licensed in TX
South Texas College of Law

Founder David W. Weygandt, the Singing Lawyer, is passionate about helping families and businesses stay in tune with what they care about and avoid conflict. When injustice has been done, David is proud to stand up to the modern Goliath and vindicate your rights on your behalf. David lives and practices law in The Woodlands, Texas, and assists clients all across Texas.

Nicole P. on ContractsCounsel
View Nicole
Member Since:
November 11, 2022

Nicole P.

Free Consultation
Sioux Falls, South Dakota
14 Yrs Experience
Licensed in OK, SD, TX
Oklahoma City University School of Law

Attorney Nicole B. Phillips is a northwestern Iowa native and devotes her practice to the area of Family Law. She is an experienced trial attorney with over 12 years of family law experience. ​ Nicole graduated from The University of South Dakota with a degree in Criminal Justice, and attended Oklahoma City University School of Law to obtain her law degree. Prior to establishing Phillips Law Firm, P.C., Nicole built her first successful law practice in Oklahoma City, Oklahoma, where she focused on Family Law, Estate Planning and Personal Injury Law, and her second successful law practice in Sherman, Texas, focusing primarily on Family Law. ​ Nicole has one daughter, Arabella. In addition to enjoying time with her daughter, Nicole enjoys reading, family dinners, traveling, spending time with friends, and game nights.

Ben P. on ContractsCounsel
View Ben
Member Since:
November 28, 2022

Ben P.

Free Consultation
Overland Park, KS
21 Yrs Experience
Licensed in KS, MO, VA
American University, Washington College of Law

Ben Prell is a “business concern” lawyer. Whether a legal issue or concern could develop into a dispute, or already has, he stands ready to advise, assist, and advocate for his clients. Over more than 20 years of practice, Ben has represented clients in all manner of business disputes. He has handled matters that include business ownership and control disputes, non-competition agreements, contract breaches, employment disputes, securities fraud, misappropriation of trade secrets, and intellectual property infringement. Ben provides advice and counsel to businesses regarding litigation and regulatory risk management, compliance with federal regulations, and contract negotiation, revisions and updates. Ben’s recent work includes the successful resolution of cases involving the defense of C-Level executives who became embroiled in larger disputes with their company’s buyers or creditors and the disputed ownership and control of multiple businesses. He has also served as counsel for court-appointed receivers, brought wrongful termination and compensation claims by executives and minority shareholders and addressed securities fraud claims, a partnership claim related to the development of a cellulosic ethanol plant, and a contract dispute involving information technology services. His efforts on behalf of his clients led to his recognition as one of Kansas and Missouri’s Rising Stars by Super Lawyers®.

Ari G. on ContractsCounsel
View Ari
Member Since:
November 28, 2022

Ari G.

Of Counsel
Free Consultation
Ann Arbor, MI
2 Yrs Experience
Licensed in MI
University of Michigan

Ari is a transactional attorney with substantial experience serving clients in regulated industries. He has worked extensively with companies in regulated state cannabis markets on developing governance documents (LLC operating agreements, corporate bylaws, etc...), as well as drafting and negotiating all manner of business and real estate contracts.

Evan F. on ContractsCounsel
View Evan
Member Since:
December 3, 2022

Evan F.

Attorney & Founding Member
Free Consultation
Livonia, MI
3 Yrs Experience
Licensed in MI
Wayne State University Law School

I am the Founding Member of Evan Ficaj Law Firm PLLC, and I am passionate about helping businesses launch, grow, and succeed. My law firm assists clients with business, contract, entertainment, IP, and estate planning matters.

Michael C. on ContractsCounsel
View Michael
Member Since:
December 5, 2022

Michael C.

Owner / Managing Attorney
Free Consultation
Staten Island, New York
11 Yrs Experience
Licensed in NJ, NY
Widener University Commonwealth Law School

We are business and immigration attorneys, committed to delivering compassion-driven and innovative legal solutions that better our clients' lives. Founded in 2019, Carbone Law provides legal services tailored to the unique needs of our clients. We pride ourselves in building a personable attorney-client relationship and are dedicated to establishing a complete understanding of our client’s legal issues, so that we can develop an effective plan for achieving their desired results. Michael T. Carbone, Esq. started Carbone Law with the goal of delivering exceptional legal services to his community. At Carbone Law, Michael counsels individuals and small businesses on a variety of legal issues. Whether aiding families in building successful applications for immigration benefits or advising freelancers and business owners on contract, governance and related issues and the complexities of complying with federal, state and local laws, Michael is committed to building a lasting relationship with his clients.

Find the best lawyer for your project

Browse Lawyers Now

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