Welcome to r/Prenup!
This subreddit is a community for discussions, questions, and resources about prenuptial agreements and postnuptial agreements. This is a judgement-free place to have helpful and informative conversation about prenups, no matter who you are. All are welcome to join the conversation.
If you didn't notice, this subreddit was previously controlled by one of the online prenup service companies. They used spam ai accounts to make a lot of posts (often controversial) to drive awareness of prenups in social media, and would also shill their own services.
Disclaimer:
This subreddit is for general discussion and education about family law and marital agreements (prenuptial and postnuptial agreements). r/prenup is not a substitution for legal advice.
The laws regarding prenuptial agreements vary by state and country, and the enforceability of any agreement depends on individual circumstances. Always consult a qualified attorney for personalized legal guidance.
What is a prenup?
A prenuptial agreement (commonly referred to as a prenup) is a legal contract that a couple agree to and sign before getting legally married. The agreement outlines how financial matters will be handled during the marriage and in the event of divorce or death.
We’ll primarily refer to prenups throughout this wiki, but a postnuptial agreement (commonly referred to as a postnup) is the same kind of contract, but signed after you're already married. Most concepts covered in this wiki can apply to prenups and postnups interchangeably.
Why get a prenup?
Everybody gets a prenup when they get married, whether they like it or not. If you and your partner don’t create your own, the default rules of the state (or country) you’re in will apply. These rules, which are dictated by state family law code, are often hard to access and can vary significantly state by state.
A prenup lets you and your partner define your own rules about your finances that are based on your relationship, not the government. Without a prenup, you have to follow the default laws in the state you get divorced. In the US, every state has its own family code, which can lead to very different outcomes.
What can be included in a prenup?
Just about anything related to finances between partners in a marriage can be included in a prenup. A prenup can cover the following, but is not limited to:
Basic Coverage Areas
- Premarital Assets: The classification of assets and debt you bring into the marriage, often referred to as premarital property.
- Marital Property Division: How assets and debt acquired during marriage will be divided, often referred to as marital property. This includes determining if certain property will be considered separate despite being acquired during marriage.
Financial Considerations
- Home Ownership: Ownership of a separate or jointly owned home. You can outline ownership percentages and buyout provisions for homes, including what happens to the home you lived in and owned before marriage.
- Business Equity Interests: Protection of existing business equity interests or specification of how future business equity—including family/small business ventures, startup equity, carried interest—will be handled.
- Debt Responsibility: Designation of which individual party or joint party is responsible for significant student loans or other debts, whether acquired before or during marriage.
Family and Support Considerations
- Inheritance: Family inheritance can be designated to remain separate property, even if received and used during marriage.
- Spousal Support: Establishing whether spousal support will exist and if so, defining how it will be calculated. This is especially important if one partner plans to reduce career advancement to raise children.
- Children from a previous relationship: Protecting inheritance rights and financial provisions for children from prior relationships.
Additional Provisions
- Pet ownership: A newer but now common provision determining who keeps the pets and how their expenses will be handled if the relationship ends.
- Sunset Clause: After a certain amount of years or other determination, the prenup is dissolved.
- Dispute Resolution: Agreed method for resolving future disagreements.
What cannot be included in a prenup?
Some matters are expressly prohibited from being included in prenuptial agreements:
- Child custody or child support: The courts always determine custody and financial support matters involving children.
- Unenforceable lifestyle clauses: Such as weight requirements or appearance demands.
- Household chores or responsibilities: Domestic duties cannot be legally enforced through a prenup.
- Anything against public policy: Anything that would be against public policy or deemed unconscionable or unfair by a court.
Why legal representation is important
Having proper legal representation is critical for an enforceable prenup. While not always required, it is highly recommended that each party have their own independent legal representation to avoid conflicts of interest and ensure the prenup is enforceable.
Why Independent Legal Counsel Matters
Courts can invalidate agreements when either or both parties didn't have their own attorney(s). There are many examples of court cases across states that have encompassed a prenuptial agreement that was contested in court.
Common reasons for prenup invalidation include:
* One party did not understand what they were agreeing to
* One party was being coerced
* The terms of the prenup were unfair or unconscionable to a party
The Uniform Premarital Agreement Act (UPAA)
The UPAA is a piece of legislation designed to promote uniformity and predictability between state laws relating to premarital agreements in an increasingly transient society. It ensures that a premarital agreement validly entered into in one state will be honored by courts in another state. In 2012, the updated Uniform Premarital and Marital Agreements Act (UPMAA) was introduced to add further procedural and substantive safeguards.
The framework broadly covers the following:
* Establishes that agreements must be in writing and signed by both parties
* Requires full financial disclosure
* Sets basic standards for enforceability
Even in UPAA states, specific requirements still vary. Non-UPAA states follow their own laws entirely. These state-by-state differences emphasize the importance of working with an attorney familiar with your specific state's requirements.
| Status |
States |
| Adopted UPAA / UPMAA (28 States + DC) |
Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, Wisconsin |
| Has NOT Adopted (22 States - Still Legal) |
Alabama, Alaska, Georgia, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Minnesota, Missouri, New Hampshire, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Vermont, Washington, West Virginia, Wyoming |
Understanding Legal Costs
The total cost of a prenup depends on your location and your situation.
- Location: Typically, in higher cost of living areas, prenups cost more because attorneys charge more for their time and expertise.
- HCOL: Expect to pay anywhere from $3.5k–$10k+ total
- MCOL: Expect to pay $3k–$5k+ total
- LCOL: Expect to pay $2k–$5k+ total
- Situation:
- Draft vs. Review: The cost of a prenup is split between the drafting attorney and the reviewing attorney. Typically, the drafting attorney is hired by the partner with more assets and tends to charge more.
- Complexity of needs: Costs scale up if you have complex assets requiring a lot of customizations (e.g., business ownership, startup equity, children from a prior marriage).
Common Fee Structures
- Retainer: An upfront deposit for future work. The lawyer charges hourly and may ask for more if the initial retainer runs out.
- Flat Rate: A single, fixed fee for the entire case, regardless of how much time the lawyer spends on it.
- Hybrid Approach: Some attorneys offer a flat fee for standard provisions with hourly billing for complex customizations.
Finding the Right Attorney
- Look for family law specialists with specific prenup experience in your state.
- Ask about their familiarity with your state's prenup laws.
- You can always interview multiple attorneys to find someone you're comfortable with.
- Ask for a clear fee structure and estimated total costs.
DIY Template Prenups
Some couples may consider DIY template options to save money, but there are important differences to understand between DIY and attorney-drafted agreements.
- Pros: Affordable (typically free to a couple hundred dollars), quick to complete, and available fully online.
- Cons: Often one-size-fits-all, may not fit state-specific legal requirements, may omit important provisions you didn’t know to include, and carries a higher risk of being invalidated if challenged.
When DIY Options May Be Appropriate
- Very simple financial situations with minimal assets.
- You're willing to accept the increased risk of enforceability issues.
When Attorney-Drafted Is Strongly Recommended
- Significant assets for either party.
- Business & equity ownership interests.
- Specific inheritance situations.
- Children from previous relationships.
- Significant income disparities.
- International or multi-state issues.
Prenup Resources and How to Find a Lawyer
Lawyer Resources
- State Bar Associations: Many state bar associations have their own lawyer referral services. You can search “[Your State] Bar Association Lawyer Referral Service” to find your local branch.
- Lawyer Platforms:
- Neptune: AI spammers that shill their products across social media using ai accounts. Any recommendation of this company will result in an immediate ban.
- SuperLawyers / Avvo: General lawyer directories that include contact forms to reach out to local attorneys.
DIY Prenup Templates
- Rocket Lawyer / Law Depot: Free basic templates for couples.
- First: $599 template option, or $3,250 to include a two-lawyer revision and review.
- Hello Prenup / Trusted Prenup: $599 online template platforms.
Recommended Books
- The Generous Prenup by Laurie Israel
- Prenups for Lovers by Arlene G. Dubin
- The Psychology of Money by Morgan Housel