District of Columbia Prenuptial Agreements

Prenuptial agreements may not be for everybody. However, it’s not a bad idea to at least consider getting one before you get married. For example, people with children or significant assets may benefit from a contract outlining what will happen should the marriage not last.

Like other contracts, prenuptial agreements are subject to state law, with each jurisdiction having its own laws on the topic. This article will examine and explain the prenuptial agreement laws in the District of Columbia, including the information you can and cannot include in a marital agreement.

If you’re getting married and are wondering if a prenup is a good idea, contact a local family law attorney in D.C. They can advise you on whether you should get one.

The Uniform Premarital Agreement Act

In 1983, the National Conference of Commissioners on Uniform State Laws adopted the Uniform Premarital Agreement Act (UPAA). This act outlines the basic requirements for a valid prenuptial agreement.

As of 2025, 28 states plus the District of Columbia have adopted the UPAA. Some states have modified the act to better fit local laws and policies. For the most part, the jurisdictions that abide by the UPAA follow the same rules.

In general, the UPAA maintains the following requirements for a prenup to be enforceable:

• Both parties to the marriage must sign the agreement before the wedding
• The individuals must enter the agreement voluntarily and knowingly
• The agreement must include a fair and reasonable financial disclosure
• The agreement cannot include terms that are unconscionable
• The contract cannot include terms on either child custody or child support

As long as your premarital agreement meets the above criteria, there is a good chance the courts will deem it valid, legitimate, and enforceable.

What Makes an Agreement Unconscionable?

For any type of contract to be enforceable, it cannot be unconscionable. This term has a specific definition when used in the context of a prenuptial agreement.

For a premarital agreement to be enforceable under D.C. law and the UPAA, it cannot be unconscionable. This means that it cannot include any of the following:

• Anything that “shocks the conscience”
• Terms that are evidence of unequal bargaining power
• Terms that one party does not understand or recognize
• Terms that have inherent unfairness or lack equitable distribution of property

These are things a family lawyer will look for when they review your agreement. These are also the things the court will consider when determining whether the agreement is enforceable.

When Is the Best Time To Sign a Prenuptial Agreement?

The District of Columbia’s adoption of the Uniform Premarital Agreement Act (UPAA) means that the UPAA’s rules for creating and enforcing a prenup govern all premarital agreements in Washington, D.C. According to the UPAA and D.C. law, you can sign a prenuptial agreement at any time before the wedding. As long as both parties sign the contract before the wedding takes place, the court should enforce it. The agreement must meet all other requirements of the UPAA.

While you can sign your prenuptial agreement at any time before the wedding, experts agree that you should review and sign the agreement at least a couple of months before your nuptials take place. This gives both parties a chance to have an independent attorney review the agreement to ensure it is fair and reasonable. It also allows both sides to consider the agreement and decide whether it’s fair and practicable.

When Does Your Prenup Go Into Effect?

Under Washington, D.C. law, your prenuptial agreement takes effect when you get married. From that point forward, it is enforceable against both parties.

It’s possible to modify or invalidate the agreement at any point after the marriage. As long as both parties agree to either the changes or to invalidating them and sign it anew, this is permissible.

What Can Be Included in a D.C. Prenup?

Since the District of Columbia follows the UPAA, the UPAA rules about what you can include in a prenuptial agreement apply to residents of Washington, D.C. You must also abide by the local statutes of the District of Columbia Code.

Under D.C. law, you can include the following provisions in a Washington, DC prenuptial agreement:

• The party’s rights and obligations with respect to property (joint and separate)
• Property distribution in the event of a divorce or annulment
• The prospective spouses’ rights, obligations, and liabilities
• Ownership of death benefits from a life insurance policy
• Alimony/spousal support in the event of divorce or separation
• The choice of law governing the construction of the agreement

You can include any terms you like as long as they aren’t unconscionable, against public policy, and both spouses are willing to agree to them. You must abide by these rules whether you enter a traditional marriage or domestic partnership. The above rules also apply to any postnuptial agreement you sign.

What Can’t Be Included in a Premarital Agreement?

For the most part, you can include almost anything in your premarital agreement. As long as both parties provide full disclosure of their financial situation, there is a good chance the agreement will hold up in court.

There are certain issues that you cannot address in your prenup. Your agreement cannot include terms related to any of the following:

• Child custody
• Child support
• Lifestyle choices
• Illegal or unfair terms

If you include any of the above, the court can refuse to enforce the specific clauses that violate the rules of the UPAA, or the judge may invalidate the entire agreement. Rather than risk this happening, it’s a good idea to meet with legal counsel before signing the agreement.

When Is a Premarital Agreement Not Enforceable?

As with any other contract, there are certain conditions that can invalidate your prenuptial agreement. For example, if either party claims that they didn’t sign the agreement voluntarily, the court may deem it invalid.

The courts will deem a prenup invalid if it was unconscionable at the time the parties executed it. This can stem from any of the following conditions:

• One of the prospective spouses did not receive a fair and reasonable disclosure of the other party’s property or financial obligations
• They didn’t voluntarily and expressly waive the right to this disclosure
• They didn’t/couldn’t have had adequate knowledge of this information

There are certain special situations. For example, if a provision of a prenuptial agreement modifies or eliminates spousal or domestic partner support and makes one party eligible for public assistance, the court can order support despite the provision.

It can be devastating to discover that your prenup isn’t valid in the middle of a divorce. Therefore, make sure you consult a local family law attorney or divorce lawyer before signing it. This allows you to identify potential issues and make necessary changes before the wedding.

Have Independent Legal Representation Review Your Prenuptial Agreement

While the law doesn’t require it, you should seek independent legal counsel before signing a prenup. As much as you trust your soon-to-be spouse, you need to protect yourself. Your attorney will not only ensure that the agreement is fair, but they will also work hard to ensure that your partner has made a full disclosure of their debts and assets.

Some people decide to go to an attorney with their prospective spouse, but it’s a better idea for all involved if you each meet with a different lawyer. That’s the only way to ensure that both parties’ interests are protected by the agreement.

How To Enforce the Terms of Your Prenup

Usually, the only time someone needs to enforce their prenup is if they get separated or divorced. Of course, there are exceptions to this rule. Regardless of the reason, there may come a time when you need to enforce some (or all) of the terms of your premarital agreement.

Ideally, you and your spouse/partner can come to an agreement on your own. If this doesn’t work, you can attend mediation where an independent third party will recommend how the two of you should proceed.

If there is no way to resolve the issues amicably, you can take the legal route. In D.C., there are specific steps you must take to enforce your prenuptial agreement.

These steps are as follows:

• Gather all evidence related to your prenup, such as financial records, tax returns, emails, and text messages
• File a “Motion to Enforce” with the family court and pay the filing fee of $80 (make sure to attach all required paperwork to your motion)
• Attend a court hearing, although the family court judge will likely order you and your soon-to-be ex-spouse to make every effort to resolve the matter out of court through informal negotiations or attending mediation
• Following the judge’s ruling on whether to allow the prenup to be enforced
• If your spouse refuses to comply with the judge’s order, you can ask the court to hold them in contempt

While you can file the motion yourself, it’s a good idea to at least meet with a DC divorce lawyer. They’re familiar with this process and will ensure that it is done properly. They will also stand up in court on your behalf.

Disclaimer: State laws frequently change due to new legislation, higher court ruling, and other means. While FindLaw strives to provide the most current information, consult a local family law attorney or conduct further legal research to verify your state laws.

Speak to a Family Lawyer in Washington, D.C. for Help With Your Prenup

A prenuptial agreement is a legally binding contract, and you shouldn’t enter into one lightly. This is especially true if you have significant assets to protect. In fact, it’s wise to speak with a DC prenuptial agreement lawyer before you sign anything.

While nobody enters into marriage expecting to get divorced, you still need to protect yourself and your financial assets. If something happens and you and your future spouse get divorced, you don’t want them to take advantage of you. The best way to protect yourself is to call a local family law attorney today to find out how District of Columbia prenuptial agreement laws apply to your particular situation.

District of Columbia Prenuptial Agreements: Related Resources

We’ve gathered links to additional information and resources below:

• District of Columbia Marital Property Laws
• D.C. Divorce Process
• District of Columbia Child Support Guidelines
• Marriage, Money, and Property