How To Write a Prenuptial Agreement

Standardized Legal Documents How To Write a Prenuptial Agreement

A Step-by-Step Guide to Writing a Prenuptial Agreement

Prenuptial agreements aren’t reserved only for the rich. Anyone can draw up a prenup for various reasons, not just financial ones. 

Are you considering making a prenuptial agreement with your future wife or husband, but you’re not sure how to write the contract? Since writing legal documents is complicated, DoNotPay has created a simple yet effective solution. You don’t have to waste time searching for prenup contract templates because we will help you draw up any document in less than five minutes!

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract signed between two soon-to-be-married individuals. The contract usually contains a list of assets that both individuals own and declares each person’s rights after the marriage property-wise. While the main purpose of a prenup is to protect the finances of the wealthier party, it can be created for other reasons too.  

Each state has different laws on the clauses that can or can’t be included in the prenup. You should check the rules of your state to ensure your agreement is valid.

Why Is a Prenup Agreement Important?

Making a prenup has many benefits, regardless of your financial status. It protects you and your partner, kids, and assets and lets you determine how your and your spouse’s property should be handled. These are some of the common reasons people draw up a prenup for:

People Sign Prenuptial Agreements To


Clarify financial rightsWhether you’re wealthy or not, it’s always a good option to define financial rights and responsibilities during your marriage
Ensure protection from debtsThe prenuptial agreement can protect you from your spouse’s debts
Secure children from previous marriagesIf a soon-to-be-married couple have children from previous marriages, they should sign a prenup to secure all their children. The prenup will specify how the property will be passed on to each child when one of the spouses dies
Avoid arguments during the divorceYou can agree with your spouse in advance on how to divide the property if you ever get a divorce. This will simplify the entire process and reduce your divorce expenses. The prenup should also state if one of the spouses will get alimony
Keep certain property in the familyYour prenup can include an heirloom you wish to keep in the immediate family 

What Can’t Be Included in a Prenup?

While many problems can be resolved with a prenuptial contract, there are some issues you can’t include:

During the MarriageAfter the Divorce
  1. Daily tasks
  2. Spousal duties
  1. Child custody
  2. Child support
  3. Parenting time

What Happens if You Don’t Make a Prenup?

Spouses who don’t sign a prenup agreement need to follow the marital property, divorce, and probate laws of the state they reside in. The laws will determine which spouse owns the assets acquired during the marriage and how those assets will be divided after the divorce.

Marriage as a contract comes with some automatic property rights and obligations for both spouses. If you don’t sign a prenuptial agreement, both parties can:

  • Inherit community debts that your spouse incurred
  • Share ownership of any asset acquired while married
  • Sell or give away any marital property

Are you already married and worried about the state laws dictating what happens with your assets after the divorce or death? You can check whether your state allows married couples to sign a postnuptial agreement if they don’t have a prenuptial one. 

Postnuptial contracts are more complicated and more challenging to enforce, which is why you should consider signing a prenup if it’s not too late.

Can You Make a Premarital Agreement Yourself?

Drawing up any contract on your own is challenging, especially if legal terms aren’t your strong suit. If you choose to write a prenup on your own, you need to make sure to use the right vocabulary and write understandable clauses. In case the agreement isn’t written well enough, the court will question its validity and reject it. 

You can find prenup templates online, but those are fairly general. Since each prenup agreement is different, you won’t benefit a lot from someone else’s template.

While you can hire a lawyer to review the contract before you and your spouse sign it, you will have to spend a lot of money.

DoNotPay Can Help You Create a Prenuptial Agreement in a Jiffy

Why waste money on pricey lawyers if you can draw up a valid and well-written prenup easily with DoNotPay? We’ve designed a feature that will help you write various legal documents in less than five minutes. 

DoNotPay will generate a professional prenuptial agreement once you complete the following steps:

  1. Access your DoNotPay account
  2. Enter Prenuptial agreement in the Search field
  3. Provide the required info
  4. Sign and notarize the contract we generated

Learn What Other Legal Documents You Can Draw Up With DoNotPay

You can take advantage of DoNotPay’s feature regardless of the document you need to write. Here are some of the contracts we can help you draw up:

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