How To Make Your Own Prenuptial Agreement: Steps, Tips, and a Template

What Is a Prenuptial Agreement?

A prenuptial agreement, also called a prenup or premarital agreement, is a legal contract made before marriage that explains how certain financial issues will be handled during the marriage or if the marriage ends.

This guide explains how to make your own prenuptial agreement, what to include, common mistakes to avoid, and when to get help from a family law attorney. It also includes a free DIY prenup template.

What Can You Put in a Prenup?

Prenups typically deal with financial and property issues, including:

• Property owned before marriage

• Property acquired during the marriage

• Bank accounts and investments

• Homes and real estate

• Businesses

• Retirement accounts

• Debts

• Family property and inheritances

• Spousal support or alimony, where allowed by state law

Usually, a prenup cannot decide future child custody or child support. Those decisions are typically governed by state law and the child’s best interests.

Without a valid prenup, state law generally determines how property and other financial issues are handled during a divorce.

Can You Write Your Own Prenup Without a Lawyer?

Yes, you can draft your own prenup. A DIY prenup is not automatically invalid just because you didn’t hire a lawyer.

However, prenuptial agreement laws vary by state. Problems with financial disclosure, pressure to sign, unfair terms, timing, or signing requirements can make an agreement easier to challenge.

Many couples choose to create the initial agreement themselves and then have separate lawyers review it before signing.

How To Make Your Own Prenuptial Agreement

1. Start Early

Don’t wait until the week before your wedding date. Giving your partner a prenup at the last minute can create pressure and may raise questions about whether they signed voluntarily. Start early so both people have time to discuss the agreement, review it, and get legal advice if they want it.

2. Be Honest About Your Finances

Both people should provide a clear picture of their financial situation. A “full and fair disclosure” means you must both completely and honestly share all their financial information including:

• Bank accounts

• Real estate

• Investments

• Retirement accounts

• Businesses

• Income

• Vehicles and valuable property

• Credit card balances

• Student loans and other debts

Focusing on financial disclosure is important. Hiding assets or debts can create serious problems if someone later challenges the agreement. Consider attaching a list of each person’s major assets, income, financial obligations, and debts to the prenup.

3. Decide What You Want the Agreement To Cover

Talk about the financial issues that matter to both of you. For example, you may want to address:

• Separate property: What each person owned before marriage and whether it will remain their separate property.

• Marital property: How property acquired during the marriage will be treated.

• Debt: Who will be responsible for debts that existed before or were acquired during the marriage.

• Businesses: Whether a business owned by one spouse will remain separate property.

• Inheritance: How inherited money, family property, or heirlooms will be handled.

• Spousal support: Whether alimony will be addressed, if allowed under your state’s law.

Be specific. Instead of saying, “We will divide everything fairly,” explain exactly what you want to happen.

4. Put the Agreement in Writing

Your prenup should clearly identify:

• Both people entering the agreement

• Your intention to marry

• Each person’s financial disclosures

• How property and debts will be handled

• Any business or inheritance provisions

• How changes to the agreement can be made

• When the agreement becomes effective

You don’t need complicated legal language, but you do need clear language. Clear terms can help prevent disagreements later. For example:

“Each party will remain responsible for debts held solely in that party’s name before the marriage.”

5. Give Each Other Time To Review It

Both people should have enough time to read and understand the agreement. Don’t pressure your future spouse to sign immediately or present the agreement just before the wedding. A court may consider whether someone signed voluntarily and had a meaningful opportunity to review the agreement. Some states also have specific timing rules.

6. Consider Getting Separate Legal Advice

You may not need a lawyer to start drafting your prenup, but legal review can be valuable.

Ideally, each person should have the opportunity to speak with their own attorney. A lawyer can explain what rights you may be giving up and whether the agreement follows your state’s laws. Legal help can be especially important if you:

• Own a home or significant assets

• Own a business

• Have substantial debt

• Have children from a previous relationship

• Expect a large inheritance

• Want to address alimony

• Have significantly different financial situations

7. Sign It Correctly

Your state may have specific rules about how a prenup must be signed. Depending on where you live, you may need:

• Written signatures from both parties

• Witnesses

• Notarization

• Other legal formalities

Don’t assume that simply signing the document makes it legally enforceable. Check your state’s requirements before signing.

DIY Prenuptial Agreement Template

You can use this basic template as a starting point. It may not meet all legal requirements in your state, so it’s important to confirm any state-specific rules and consider having a family law attorney review it before signing.

Use the Following Prenuptial Agreement Template as a Guide:

What Can Make a DIY Prenup Invalid?

A homemade prenup is not automatically invalid. However, common problems can make an agreement easier to challenge. These include:

• Waiting until the last minute to present the agreement

• Pressuring someone to sign

• Hiding assets or debts

• Failing to provide adequate financial information

• Using vague or unclear language

• Including terms that state law does not allow

• Failing to follow state signing requirements

A court may consider whether the agreement was signed voluntarily and whether both people had enough financial information to understand what they were agreeing to.

Do You Need a Lawyer for a Prenup?

Not necessarily. You can start the process and draft an agreement yourself. But a prenup is an important financial contract, and mistakes may not become obvious until years later during a divorce or other legal dispute.

A family law attorney can review a DIY prenup, explain the laws in your state, and identify terms that could cause problems.

Frequently Asked Questions

Can I make my own prenup?

Yes. You and your future spouse can draft your own prenuptial agreement. However, it must meet the legal requirements of your state to be enforceable.

Is a DIY prenup legally binding?

It can be. A DIY prenup may be legally binding if it follows applicable state law and was properly created and signed.

Does a prenup need to be notarized?

It depends on your state. Some states have specific signing or notarization requirements.

Can a prenup decide child custody or child support?

Generally, no. Courts typically decide child custody and support issues based on applicable law and the child’s best interests.

When should we start making a prenup?

Start as early as possible. Both people should have enough time to discuss the terms, exchange financial information, review the agreement, and seek legal advice if desired.

The Bottom Line

Making your own prenup can be a good way to start important conversations about money, property, and debt before marriage.

But creating the document is only the first step. For a prenup to protect you when it matters most, it needs to follow your state’s laws and be signed under the right circumstances. You can draft the agreement together. Then, consider having a local family law attorney review it before you sign.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified family law attorney if you have legal questions.