Creating a Prenuptial Agreement (US)

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

As wedding bells become ever closer, couples are increasingly turning to prenuptial agreements to protect themselves financially in the event of a divorce or death. A prenuptial agreement is an invaluable tool for ensuring that each partner’s financial interests are protected and respected - regardless of wealth, age or the status of any previous marriages. Even if neither party has substantial assets going into the marriage, it can still be beneficial to draft a prenuptial agreement in order to avoid potential disputes should they part ways at any point in the future.

The Genie AI team provides access to a vast library of open-source legal templates designed specifically for creating prenuptial agreements, meaning that couples can craft a high-quality document without having to seek out expensive legal advice. Through this library, users can customize their own documents with provisions regarding property division and other financial matters such as debt and investments during the marriage - all while saving money on lawyer fees.

Using Genie AI’s community template library is also incredibly useful for those entering into second marriages - as they may want protections on behalf of their children from previous relationships or guarantees that their previous spouse will not be financially disadvantaged by their decision to remarry. Additionally, should one spouse pass away during the marriage, a legally binding document may provide clarity and security over how assets will be divided between both families involved.

Ultimately, prenuptial agreements are no longer just for the wealthy elite: They are valuable documents for anyone who wants peace of mind knowing that their financial rights will be secure if things don’t work out as planned. By using Genie AI’s community template library, you can get started with creating your own agreement today; just follow our step-by-step guidance below and take advantage of our free resources!

Definitions (feel free to skip)

Prenuptial Agreement: A legally binding document that outlines how property and debts will be divided in the event of a divorce, and provides clarity on financial responsibilities and obligations during the marriage.

Division of Assets: The process of assigning ownership of assets, such as real estate, investments, and businesses, acquired during the marriage.

Spousal Support: The obligation of one spouse to provide financial assistance to the other spouse, either before or after a divorce.

Child Custody: The legal responsibility for the care and control of a child.

Visitation Rights: The legal right of a parent to visit and spend time with their child.

Enforceable: Legally binding and able to be enforced by a court of law.

Notarized: A document that has been witnessed and signed by a notary public, who is an official appointed by the government to witness the signing of documents.

Contents

• Discussing the Possibility of a Prenuptial Agreement
• Exploring the benefits of prenuptial agreements and how to approach the conversation with your partner
• Researching State Laws
• Understanding the laws that apply to prenuptial agreements in your state and the possible implications
• Determining the Terms of the Agreement
• Deciding what should be included in the agreement and how to best protect both parties’ assets and interests
• Gathering Financial Documentation
• Collecting all the necessary information and documents to ensure a fair agreement
• Drafting and Finalizing the Agreement
• Ensuring the agreement is legally binding and correctly prepared
• Reviewing the Agreement with Legal Professionals
• Seeking advice from a lawyer or legal professional to check the agreement is valid and fair
• Signing the Agreement
• Understanding the importance of signing the agreement before the wedding day and the various implications of doing so
• Keeping the Agreement Secure
• Storing the agreement in a safe place and ensuring that only the parties involved are aware of its existence
• Enforcing the Agreement
• Exploring the various ways to ensure the agreement is followed
• Reevaluating the Agreement
• Discussing the agreement after major life events, such as the birth of a child or a change in financial circumstances

Get started

Discussing the Possibility of a Prenuptial Agreement

• Research the pros and cons of a prenuptial agreement
• Research the laws in your state regarding prenuptial agreements
• Discuss the potential benefits and drawbacks of a prenuptial agreement with your partner and your lawyer
• Reach an agreement on whether a prenuptial agreement is needed
• When the decision has been reached, you can move on to the next step of exploring the benefits of prenuptial agreements and how to approach the conversation with your partner.

Exploring the benefits of prenuptial agreements and how to approach the conversation with your partner

• Read up on the benefits of a prenuptial agreement, such as protecting assets and ensuring a fair division of property in case of a divorce
• Consider the different points you want to bring up in the conversation with your partner about a prenuptial agreement
• Discuss the reasons for wanting a prenuptial agreement with your partner in a respectful and understanding manner
• Listen to your partner’s opinion and concerns about a prenuptial agreement
• Reach an agreement on the terms of the prenuptial agreement and decide whether both of you are comfortable with it

When you can check this off your list and move on to the next step:

• Once you have discussed the benefits of prenuptial agreements and come to an agreement with your partner, you can move on to the next step of researching state laws.

Researching State Laws

• Visit the website of your state’s bar association to find out the specific laws that apply to prenuptial agreements in your state.
• Research any case law related to prenuptial agreements in your state.
• Consider any deadlines set by your state regarding prenuptial agreements.
• Make sure that you understand any potential tax implications of a prenuptial agreement in your state.

Once you have completed all the research necessary to understand the specific laws that apply to prenuptial agreements in your state, you can move on to the next step.

Understanding the laws that apply to prenuptial agreements in your state and the possible implications

• Review your state’s laws on prenuptial agreements, including any specific requirements that must be met for the agreement to be legally binding.
• Research any case law that may affect how prenuptial agreements are interpreted or enforced in your state.
• Consider any other laws that may affect the prenup, such as those governing inheritances, alimony payments, or property rights.
• When you have a thorough understanding of the laws that apply to prenuptial agreements, you can check this task off your list and move on to the next step.

Determining the Terms of the Agreement

• Brainstorm and discuss with your partner what you’d like to include in the prenuptial agreement.
• Research different prenuptial agreement templates and samples to get some ideas of what to include.
• Make a list of the topics that should be included in the agreement.
• Make sure that the agreement is in writing and that both parties agree to the terms.
• Take the time to ensure that both parties understand exactly what is included in the agreement.

You’ll know when you can check this step off your list when you have created a list of topics to include in the agreement, both parties have agreed to the terms of the agreement, and both parties understand what is included in the agreement.

Deciding what should be included in the agreement and how to best protect both parties’ assets and interests

• Identify the assets that each person is bringing into the marriage
• Consider any debts that the parties may have
• Discuss each party’s expectations regarding financial responsibilities during the marriage and how future assets will be handled
• Determine how to divide property and other assets in the event of a divorce
• Decide how to handle spousal support and alimony
• Consider any other issues that may arise, such as guardianship of children from a previous marriage or business ownership

You will know when you have completed this step when you have listed and discussed all the potential issues that need to be addressed in the prenuptial agreement and have a clear understanding of what each party’s expectations are.

Gathering Financial Documentation

• Gather financial documents from both parties, such as tax returns, bank statements, and other financial statements
• Make sure that all of these documents are accurate and up-to-date
• Ask both parties to provide any information about their current debts, including credit card debt, student loan debt, and other liabilities
• Determine what assets each party has, and make sure to include them in the prenuptial agreement
• Make sure to note any shared assets or liabilities that may be relevant to the agreement
• When all of the necessary documents have been collected, you can move on to the next step of collecting all the necessary information and documents to ensure a fair agreement.

Collecting all the necessary information and documents to ensure a fair agreement

• Gather information about each partner’s assets, income, debts, and liabilities
• Collect tax returns and pay stubs from the past three years
• Obtain a copy of each partner’s credit report
• Record any information related to any businesses owned by either partner
• Make a list of any outstanding loans or credit accounts held by either partner
• Gather information about any other financial matters that need to be addressed
• Make sure all of the necessary financial documents are collected

When you have collected all of the necessary information and documents, you can move on to the next step of drafting and finalizing the agreement.

Drafting and Finalizing the Agreement

• Obtain a form prenuptial agreement and make sure it complies with the laws of your state
• Work with your spouse to make sure all the information you have collected is accurately included in the agreement
• Have each of you review the document, and provide any changes or clarifications as needed
• Have each of you sign the prenuptial agreement in front of a notary public
• Confirm that both of you have received a copy of the signed prenuptial agreement

How you’ll know when you can check this off your list and move on to the next step:

• When both of you have signed the prenuptial agreement and have received a copy of the signed document.

Ensuring the agreement is legally binding and correctly prepared

• Have the agreement reviewed by an attorney: This is to ensure that the agreement is legally binding in the state in which it will be enforceable.
• Make sure all documents are properly notarized: Documents need to be notarized by a notary public in order to be legally binding and enforceable.
• Ensure that all dates are accurate: Dates must be accurate for the agreement to be enforceable.
• Have both parties sign the agreement: Both parties must sign the agreement for it to be legally binding and enforceable.
• Keep the original signed document: This is important for future reference and proof.

Once you have had the agreement reviewed by an attorney and ensured that all documents are properly notarized, that all dates are accurate, and that both parties have signed the agreement, you can be sure that it is legally binding and correctly prepared and can move on to the next step.

Reviewing the Agreement with Legal Professionals

• Contact a lawyer or legal professional to review the agreement and ensure it’s legally binding and fair
• Make sure you understand the terms of the agreement and that both parties are in agreement
• Ask any questions you may have to the lawyer or legal professional
• Once the agreement is reviewed and both parties are in agreement, the agreement is ready to be signed
• You will know you have completed this step when the agreement has been reviewed and both parties are in agreement on the terms of the agreement.

Seeking advice from a lawyer or legal professional to check the agreement is valid and fair

• Obtain advice from a lawyer or legal professional who is experienced in prenuptial agreements and family law.
• Ask the lawyer to review the agreement for legal validity and fairness for both parties, and ensure that all legal requirements in the state have been met.
• Ask them to make any necessary changes or additions to the agreement.
• Take time to discuss the agreement with the lawyer and ensure that all parties understand the implications of the agreement.
• Once the lawyer has reviewed the agreement and all parties are in agreement, you can check this off your list and move on to the next step.

Signing the Agreement

• Have both the bride and groom present when signing the agreement
• Both parties should have a lawyer present
• Signatures must be witnessed and notarized
• After all parties have signed, have the notary seal the document
• Make sure to keep a copy of the agreement for both parties
• Once all the steps have been completed, you can check off this step and move on to the next one.

Understanding the importance of signing the agreement before the wedding day and the various implications of doing so

• Understand why signing a prenuptial agreement is important prior to the wedding day
• Research on the legal implications of signing a prenuptial agreement
• Learn about the different types of prenuptial agreements that can be written
• Consider the impact of signing a prenuptial agreement on the marriage
• Talk to a lawyer about the prenuptial agreement and make sure it is legitimate
• Once you understand the implications and importance of signing a prenuptial agreement, you can check this step off your list and move on to the next step.

Keeping the Agreement Secure

• Make sure both parties are in agreement to the terms of the prenuptial agreement
• Make a copy of the original document and securely store it in a safe place, eg. safe box, safety deposit box, etc.
• Make sure both parties keep the original signed documents and keep them in separate, secure locations
• Make sure that only the parties involved are aware of the existence of the prenuptial agreement
• When both parties have stored the original documents in separate, secure locations, the step is complete - you can now move on to the next step.

Storing the agreement in a safe place and ensuring that only the parties involved are aware of its existence

• Place the original copy of the prenuptial agreement in a secure location, such as a safe deposit box or a fireproof safe
• Make sure to only disclose the existence of the prenuptial agreement to the parties involved
• Make sure to keep a backup digital copy of the prenuptial agreement in a secure cloud storage, such as Google Drive or Dropbox
• Make sure to keep a printed copy of the prenuptial agreement in a secure location
• Keep all digital copies of the prenuptial agreement password-protected

When you can check this off your list:

• When the original copy of the prenuptial agreement is stored in a secure location
• When the parties involved are aware of its existence
• When a backup digital copy of the prenuptial agreement is stored in a secure cloud storage
• When a printed copy of the prenuptial agreement is stored in a secure location
• When all digital copies of the prenuptial agreement are password-protected

Enforcing the Agreement

• Research the specific laws in your state regarding prenuptial agreements and their enforceability
• Have both parties sign the agreement in front of a witness and have the witness sign the agreement as well
• Have the agreement notarized or witnessed by a court clerk
• Make sure the agreement meets the requirements of the Uniform Premarital Agreement Act (UPAA)
• Once the agreement is signed and witnessed, you can move on to exploring the various ways to ensure it is followed

Exploring the various ways to ensure the agreement is followed

• Seek advice from a family law attorney, who can provide guidance on the enforceability of the agreement in your state.
• Consider including a provision that makes the agreement immediately enforceable in the event of a breach.
• Take steps to ensure both parties understand the terms of the agreement, including having each party sign under a “notary public” or have a witness to the signing of the agreement.
• Make sure both parties have legal representation and the agreement is properly executed with signatures from both parties.
• When possible, have the agreement reviewed by a court or other legal authority to ensure the document is legally binding.

You’ll know when you can check this off your list and move on to the next step when you have taken all the necessary steps to ensure both parties understand the terms of the agreement, have had the agreement reviewed by a court or other legal authority, and have ensured it is properly executed with signatures from both parties.

Reevaluating the Agreement

• Review the agreement during any major life events, such as the birth of a child or a change in financial circumstances
• Discuss any changes that may need to be made to the agreement during these occasions
• Make sure both parties are in agreement with any changes before signing
• Check in with both parties at least once a year to see if the agreement still reflects their current wishes
• Have the agreement reviewed by a lawyer at least every five years to ensure it is still up-to-date
• When all these tasks are completed, you can consider the agreement as reevaluated and move on to the next step.

Discussing the agreement after major life events, such as the birth of a child or a change in financial circumstances

• Agree on a timeline for reevaluating the agreement
• Discuss the changes that need to be made to the agreement in light of the major life event
• Consider hiring a lawyer to review the changes and update the agreement
• Sign the updated agreement
• File the updated agreement with the court
• Once the agreement is completed and filed, you can check this step off the list and move on to the next step.

FAQ:

Q: Is a prenuptial agreement legally binding in the US?

Asked by Harriet on 3rd April 2022.
A: Yes, a prenuptial agreement is legally binding in the US. It is a contract between two spouses-to-be that outlines their respective rights and obligations during and after marriage. The agreement can specify how assets will be divided in the event of divorce or death, and can also provide guidelines for other areas such as spousal maintenance and child support. Generally speaking, prenuptial agreements are enforceable in all states, so long as both parties agree to all of its provisions and it meets all legal requirements.

Q: Do same-sex couples need to have a prenuptial agreement?

Asked by Jonathan on 16th April 2022.
A: Yes, same-sex couples should consider having a prenuptial agreement as it can help protect their assets and property rights in the event of divorce or death. Because many same-sex couples live in states where marriage equality is not yet recognized, they may not be able to access the same legal protections that opposite-sex couples enjoy. A prenuptial agreement can provide greater certainty and security in these cases. Additionally, same-sex couples may want to consider having a prenuptial agreement even if they live in a state where marriage is recognized—it’s always better to be safe than sorry.

Q: What happens if one party doesn’t sign the prenuptial agreement?

Asked by Anna on 28th April 2022.
A: If one party does not sign the prenuptial agreement, it will not be legally binding. This means that any provisions outlined in the agreement will not be enforced if there is a dispute between the parties in the future. For this reason, it is important that both parties agree to all of the provisions of the agreement before signing it. Additionally, it is important that both parties seek independent legal advice before signing the agreement so that they understand the implications of each provision and are aware of any potential risks associated with signing an enforceable legal contract.

Q: Can either party change or terminate a prenuptial agreement after it has been signed?

Asked by Jacob on 11th May 2022.
A: Generally speaking, neither party can unilaterally change or terminate a prenuptial agreement after it has been signed and executed without the consent of both parties. That said, some states allow for certain changes to be made to an existing prenuptial agreement if both parties agree to them, such as modifications related to child support or alimony payments. Additionally, some states allow for the termination of an existing prenuptial agreement if both parties agree to it or if certain conditions are met (such as when there has been a significant change in circumstances since the agreement was signed).

Q: Are there any limits on what can be included in a prenuptial agreement?

Asked by Isabella on 24th May 2022.
A: Yes, there are certain limits on what can be included in a prenuptial agreement under US law. Generally speaking, any provisions related to child support or alimony payments must comply with state law and must be reasonable given the circumstances at the time of signing. Additionally, courts may refuse to enforce provisions that could encourage divorce or are unconscionable (such as those that would result in undue hardship for one party). Finally, some states have laws prohibiting certain types of agreements altogether, such as agreements that would limit either party’s right to receive medical care or insurance benefits from their spouse’s employer.

Q: Do I need an attorney to create a valid prenuptial agreement?

Asked by Michael on 7th June 2022.
A: While you don’t necessarily need an attorney to create a valid prenuptial agreement in the US, it is highly recommended that you seek legal advice from an experienced family law attorney before signing one. An attorney can help you understand all of your rights under US law and ensure that your prenuptial agreement meets all legal requirements and is enforceable if necessary. Additionally, an experienced attorney can help you discuss sensitive topics with your partner and make sure that both parties understand what they are agreeing to before signing the document.

Q: How long does it take to create a valid prenuptial agreement?

Asked by Abigail on 21st June 2022.
A: The amount of time it takes to create a valid prenuptial agreement depends on each couple’s individual circumstances and how many provisions need to be included in their document. Generally speaking, it typically takes several weeks (or longer) for both parties to negotiate all of their rights and obligations under the document and for their attorneys to draft (and potentially revise) its language before it is ready for signatures. It is important that both parties take their time when creating their document—rushing through this process could result in an invalid or unenforceable contract down the line.

Q: Does my partner need his/her own attorney for me to create a valid prenuptial agreement?

Asked by Matthew on 5th July 2022.
A: Yes, it is highly recommended that each party have his or her own attorney when creating a valid prenuptial agreement in order to ensure that each person’s rights are protected under US law and that all legal requirements are met prior to signing. Additionally, having separate attorneys allows each party to discuss sensitive topics with someone who has no bias or vested interest in either side’s position—this helps ensure that both parties fully understand what they are agreeing to before signing their document.

Q: Do I need witnesses when signing my prenuptial agreement?

Asked by Emma on 19th July 2022.
A: No, witnesses are not typically required when signing a valid prenuptial agreement in the US; however, some states may require witnesses for certain contracts (such as those involving real estate). It is important to check your state’s laws regarding witnessing contracts prior to signing your document so that you know whether witnesses are necessary for your particular situation. Additionally, having witnesses present when you sign your document can help protect against future claims of fraud or duress—so even if they aren’t required by law, they could still provide additional protection for both parties down the line.

Q: Does my partner have any recourse if he/she later disagrees with something included in our prenuptial agreement?

Asked by William on 2nd August 2022.
A: Yes, depending on your state’s laws and the specifics of your particular situation, your partner may have certain avenues for recourse if he/she later disagrees with something included in your prenuptial agreement—such as filing suit for breach of contract or challenging its validity due to fraud or duress at the time of signing (for example). It is important for both parties understand their rights under US law prior to signing their document so that they know what recourse they may have available should any disputes arise down the line…

Q: How long does my partner have after marriage before our prenup becomes null and void?

Asked by Ava on 16th August 2022.
A: Generally speaking, once you are married your partner has no more than six months before your prenup becomes null and void—unless otherwise noted in your state’s laws (which vary from state-to-state). That said, some states do allow longer periods—so it is important to check with an experienced family law attorney prior to signing your document so that you know exactly how long you have before it will no longer be legally enforceable…

Q: What happens if I move out of state after getting married? Does my current prenup still apply?

Asked by James on 30th August 2022
A: Generally speaking, yes—your current prenup should still apply even if you move out of state after getting married (assuming all other conditions remain unchanged). That said, it is important to note that certain aspects of your contract may no longer be enforceable depending on which state you move too; for example some states do not recognize spousal maintenance agreements made prior marriage while others do not allow contracts regarding inheritance rights between spouses…

Q: Can foreign nationals create valid Prenuptials Agreements in America?

Asked by Sophia on 13th September 2022
A: Yes—foreign nationals living in America can create valid Prenuptials Agreements just like US citizens provided they meet all applicable legal requirements under US law; however they should always consult an experienced family law attorney prior to doing so given there may be additional considerations involved due foreign nationals such as visa restrictions or double taxation issues etc…

Q: Can I include tax considerations in my Prenuptials Agreement? Asked by Nathan on 27th September 2022

A: Yes—tax considerations can be included in Prenuptials Agreements provided they comply with applicable tax laws; however it is important note that such provisions may become null and void if either person moves out of state after getting married since different states have different tax laws…

Q: Can I include provisions about pet custody in my Prenuptials Agreement? Asked by Elizabeth on 11th October 2022

A: Yes—pet custody provisions can be included Prenuptials Agreements; however these provisions will likely only be enforced if they meet applicable state laws regarding pet custody agreements which vary from state-to-state…

Example dispute

Suing with a Prenuptial Agreement

• A plaintiff may raise a lawsuit which references a prenuptial agreement if the agreement has been breached or unfairly enforced.
• The plaintiff must provide evidence that the agreement was signed, and the terms of the agreement were not followed.
• The plaintiff must also prove damages, which may include emotional distress, loss of income, or other financial losses.
• The court may choose to enforce the terms of the prenuptial agreement, or award damages to the plaintiff based on their individual circumstances.
• The court may also choose to set aside the prenuptial agreement if it was unfairly or unconscionably enforced.
• Settlement can be reached through negotiation or mediation prior to trial.
• If damages are awarded, they may be calculated based on the amount of financial or emotional harm caused, as well as any legal fees incurred.

Templates available (free to use)

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