ContractsCounsel Logo
Home Types of Contracts Premarital Agreement

Jump to Section

ContractsCounsel has assisted 993 clients with premarital agreements and maintains a network of 156 family lawyers available daily. These lawyers collectively have 170 reviews to help you choose the best lawyer for your needs.

A premarital agreement, also known as a prenuptial agreement or prenup, is a legal contract between two individuals planning to marry. This agreement outlines how the couple's assets and debts will be distributed during a divorce or separation. A premarital agreement can also include provisions for spousal support, inheritance rights, and other financial matters.

Benefits of a Premarital Agreement

  • Protect Your Assets

    A premarital agreement can protect your pre-marital assets, such as inheritance, property, or investments, in case of a divorce. Without a premarital agreement, these assets could be subject to division during a divorce, which can be financially devastating.

  • Define Financial Expectations

    A premarital agreement can define financial expectations for both parties, including how debts and joint accounts will be managed. This can help avoid misunderstandings and conflicts down the line.

  • Avoid Lengthy Legal Battles

    A premarital agreement can help streamline the divorce process by resolving financial issues in advance. This can save you time and money on legal fees and help you avoid the stress and emotional strain of a lengthy legal battle.

  • Safeguard Your Estate Plan

    If you have an estate plan, a premarital agreement can help safeguard it by ensuring your assets are distributed according to your wishes during a divorce.

  • Shield Your Business Interests

    If you own a business or plan to start one, a premarital agreement can shield your business interests by ensuring that your spouse does not claim the business in the event of a divorce.

Inclusions of a Premarital Agreement

  • Financial Disclosures

    Both parties should fully disclose their assets, debts, and income. This is important to ensure that each party knows the other's financial situation before marriage.

  • Asset Division

    The premarital agreement should outline how the couple's assets and debts will be divided in the event of a divorce or separation. This includes any property owned jointly or separately and any other assets such as investments or retirement accounts.

  • Spousal Support

    The premarital agreement can also address spousal support or alimony in a divorce. This can include how much support will be paid and for how long.

  • Inheritance Rights

    The premarital agreement can address how inheritance rights will be handled during a divorce. This can be important if one party has inherited property or assets they want to keep separate.

  • Legal Fees

    The premarital agreement can also address how legal fees will be paid during a divorce or separation.

Meet some lawyers on our platform

Forest H.

229 projects on CC
CC verified
View Profile

Bryan B.

270 projects on CC
CC verified
View Profile

Brian S.

15 projects on CC
CC verified
View Profile

Sarah S.

32 projects on CC
CC verified
View Profile

How to Create a Premarital Agreement

Creating a premarital agreement can be a complex and sensitive process, but it can also provide both parties peace of mind and financial security. Here are some steps to consider when creating a premarital agreement:

  1. Discuss the Agreement with Your Partner. It is important to have an open and honest discussion about why you want a premarital agreement and what issues you want to address.
  2. Hire a Family Law Attorney. It is important to consult a family law attorney with experience in premarital agreements. They can help you draft a legally binding agreement that covers all relevant issues.
  3. Disclose All Assets and Debts. Both parties must fully disclose their assets and debts. This is important to ensure that the agreement is fair and that each party knows the other's financial situation.
  4. Decide What to Include in the Agreement. The agreement can address property division, spousal support, and inheritance rights. The specific terms of the agreement should be tailored to the needs and goals of each couple.
  5. Review and Sign the Agreement. Both parties should have the opportunity to review the agreement with their attorney. Once both parties agree to the terms, the agreement should be signed and notarized.

Key Terms for Premarital Agreements

  • Premarital Agreement: A legal document that outlines how a couple's assets, debts, and other financial matters will be handled during a divorce or separation.
  • Disclosure: The process of fully disclosing their assets, debts, and income to each other before signing the premarital agreement.
  • Property Division: The terms of the premarital agreement outline how the couple's property will be divided in the event of a divorce or separation. This can include real estate, personal property, and other assets.
  • Spousal Support: Also known as alimony, this refers to the financial support that one spouse may be required to pay the other in case of a divorce or separation. The premarital agreement can outline the terms and amount of spousal support, if any.
  • Notarization: The process of having a notary public witness the signing of the premarital agreement. This is an important step in ensuring the agreement is legally binding.

Final Thoughts on Premarital Agreements

In conclusion, a California premarital agreement is a legally binding document that outlines the division of assets and other important matters in the event of divorce or legal separation. This agreement can be created before marriage, and both parties must enter it voluntarily and fully disclose their finances.

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.


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 Premarital Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,322 reviews

Meet some of our Premarital Agreement Lawyers

James C. on ContractsCounsel
View James
5.0 (2)
Member Since:
September 21, 2023

James C.

Sole practitioner
Free Consultation
Eugene, Oregon
41 Yrs Experience
Licensed in OR
UCLA

After receiving my undergraduate degree in economics from Stanford, and my law degree from UCLA, I practiced in California for eight years before moving to Oregon in 1991. I am primarily a trial lawyer with over 50 jury trials, emphasizing personal injury, professional malpractice, construction, and employment law, but in the course of that practice have reviewed and drafted hundreds of releases, indemnification agreements, employment agreements, and construction agreements.

Ryan D. on ContractsCounsel
View Ryan
5.0 (5)
Member Since:
April 25, 2023

Ryan D.

Partner
Free Consultation
Charlotte, North Carolina
7 Yrs Experience
Licensed in NC, NJ, SC
Villanova University Charles Widger School of Law

Ryan Duffy is a skilled attorney with extensive experience in business law and estate planning. He received his undergraduate degree in Business from Franklin & Marshall College and went on to graduate from Villanova University Charles Widger School of Law. Ryan has worked with numerous clients on matters ranging from business formation and contract drafting to estate planning and asset protection. He is dedicated to helping businesses of all sizes achieve their goals while minimizing legal risks. He also works closely with individuals and families to help them protect their assets and plan for the future. With his extensive knowledge and practical approach, Ryan can provide valuable legal guidance and support to clients in need of business law and estate planning services.

Joshua S. on ContractsCounsel
View Joshua
5.0 (5)
Member Since:
September 14, 2023

Joshua S.

Managing Partner
Free Consultation
New York, New York
18 Yrs Experience
Licensed in NY
Boston University

Joshua is an experienced attorney with deep expertise in finance, corporate, and business law. He offers practical legal solutions and personal service. As Managing Partner of Soloway Group PC, he advises startups, growing companies and investment funds on key issues, from formation to fundraising, stock issuances, trademarks and general business. He started out structuring funds and transactions at PwC before launching his own firm in 2009. He has been a partner in several New York law firms and has founded several companies including a banking firm, a real estate business, and a Cleantech company. Joshua has also served as Chief Legal Officer and Chief Strategy Officer of several companies in the tech, real estate, consulting, and sustainability industries. Prior to law school he was an early employee at a SoftBank-backed startup until it’s acquisition. Over the years, Joshua has helped many clients to launch, finance and grow successfully.

Sarina G. on ContractsCounsel
View Sarina
Member Since:
September 14, 2023

Sarina G.

Attorney
Free Consultation
Columbus, Ohio
5 Yrs Experience
Licensed in OH
Capital University Law School

Hi, I'm Sarina. Thank you for taking the time to read my bio! In 2019, I graduated summa cum laude from Capital University Law School. While in law school, I was a staff member and editor on the Capital University Law Review. I was also involved in the Volunteer Income Tax Assistance Program and Operation Legal Help Ohio, a program which provides legal assistance to veterans. One of the highlights of my law school experience was my externship with Judge Jeffrey Sutton in the United States Court of Appeals for the Sixth Circuit. After law school and passing the Ohio bar exam, I worked for two years as an associate at an AmLaw 100 law firm, where my practice focused on corporate, healthcare, and regulatory law. I then took an in-house position at one of the largest insurance brokerage firms in the USA, where I oversaw corporate governance, mergers and acquisitions, contracts negotiations, intellectual property, and other general corporate matters. Specifically, I am proficient in business law, navigating due diligence during acquisitions, contract drafting and review, and providing effective advice in the nuanced field of regulatory law. I prioritize responsiveness and thoroughness. Please do not hesitate to reach out to me with any questions!

Benjamin T. on ContractsCounsel
View Benjamin
Member Since:
September 14, 2023

Benjamin T.

Associate attorney
Free Consultation
Marion, Ohio
2 Yrs Experience
Licensed in OH
Barry University

I’m an Attorney working out of Marion, Ohio. Born and raised in Toledo, Ohio. I completed undergrad at the University of Toledo. I completed law school at Barry University in Orlando, Florida.

Rachel B. on ContractsCounsel
View Rachel
Member Since:
September 14, 2023

Rachel B.

Attorney
Free Consultation
North Carolina
1 Yr Experience
Licensed in CT, MA
Massachusetts School of Law

I am a new attorney who is licensed to practice in Connecticut and Massachusetts. I am waiting for bar admission to North Carolina. I have over 20 year of experience working in both the public and private sectors. I am a fierce advocate for my clients and am committed to delivering solutions for clients with excellence.

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 Premarital Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,322 reviews
Family lawyers by top cities
See All Family Lawyers
Premarital Agreement lawyers by city
See All Premarital Agreement Lawyers

ContractsCounsel User

Recent Project:
Prenuptial Agreement
Location: New Jersey
Turnaround: Less than a week
Service: Contract Review
Doc Type: Prenuptial Agreement
Page Count: 28
Number of Bids: 3
Bid Range: $500 - $650

ContractsCounsel User

Recent Project:
Pre-nuptual
Location: New York
Turnaround: Less than a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 4
Bid Range: $500 - $2,000

Need help with a Premarital Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,322 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