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Prenuptial Agreements: A Comprehensive Guide for All Couples

Learn everything you need to know about prenuptial agreements, how they protect your assets, and why they're valuable for couples with children, young couples, blended families, and those with significant assets.

Introduction

A prenuptial agreement (commonly called a 'prenup') is a legal contract created by two people before they marry that typically outlines how assets and debts will be divided in the event of divorce or death. While often associated with wealthy individuals protecting their fortunes, prenups serve many practical purposes for couples across various life situations. This document can help clarify financial rights and responsibilities, protect family businesses, shield one spouse from the other's debts, and establish clear guidelines for property division. Whether you're entering marriage with children from previous relationships, significant assets, or simply want clarity about your financial future together, understanding prenuptial agreements is an important step in building a secure foundation for your marriage.

Key Things to Know

  1. 1

    Prenuptial agreements must be executed well before the wedding (at least 30 days is recommended) to avoid claims of coercion or duress.

  2. 2

    Both parties must provide complete and honest financial disclosure for the agreement to be valid.

  3. 3

    Each person should have their own independent legal counsel review the agreement before signing.

  4. 4

    Prenups cannot determine child custody or child support amounts, as these must be decided based on the best interests of the child at the time of divorce.

  5. 5

    The agreement should be reviewed and potentially updated after major life events such as the birth of children, significant inheritance, or substantial changes in financial circumstances.

  6. 6

    State laws vary regarding prenuptial agreements, so it's essential to work with an attorney familiar with the laws in your jurisdiction.

  7. 7

    A well-crafted prenup promotes financial transparency and communication, which can strengthen your relationship rather than undermine it.

  8. 8

    For blended families, a prenuptial agreement should work in conjunction with your estate plan to ensure children from previous relationships are protected.

Key Decisions

Couples with Significant Assets

Blended Families (Partners with Children from Previous Relationships)

Young Couples with No Children

Couples with Children

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PRENUPTIAL AGREEMENT

THIS PRENUPTIAL AGREEMENT (the "Agreement") is made and entered into on this _____ day of ________________, [YEAR], by and between:

Party A: [FULL LEGAL NAME], an individual residing at [CURRENT ADDRESS], born on [DATE OF BIRTH], whose occupation is [OCCUPATION] (hereinafter referred to as "[PARTY A NAME]"); and

Party B: [FULL LEGAL NAME], an individual residing at [CURRENT ADDRESS], born on [DATE OF BIRTH], whose occupation is [OCCUPATION] (hereinafter referred to as "[PARTY B NAME]").

[PARTY A NAME] and [PARTY B NAME] are collectively referred to as the "Parties" and individually as a "Party."

RECITALS

WHEREAS, the Parties intend to marry on [PLANNED WEDDING DATE] at [PLANNED WEDDING LOCATION];

WHEREAS, [PARTY A NAME] [has/has not] been previously married;

WHEREAS, [PARTY B NAME] [has/has not] been previously married;

WHEREAS, the Parties desire to enter into this Agreement to establish their respective rights and obligations regarding their property and financial matters in the event of divorce, separation, or death;

WHEREAS, each Party has made a full and fair disclosure to the other Party of their financial condition, including all assets, liabilities, and sources of income, as set forth in the attached Exhibits A and B;

WHEREAS, each Party has had the opportunity to consult with independent legal counsel of their own choosing regarding the terms and legal consequences of this Agreement;

WHEREAS, the Parties acknowledge that this Agreement is being executed at least thirty (30) days prior to their planned marriage date to avoid any claim of duress or coercion;

WHEREAS, the Parties are entering into this Agreement voluntarily and without duress, coercion, or undue influence;

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties' forthcoming marriage, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE I: DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

1.1. "Separate Property" shall mean: (a) All property, real, personal, or mixed, tangible or intangible, owned by a Party prior to the marriage; (b) All property acquired by a Party during the marriage by gift, bequest, devise, or descent, or in exchange for property acquired by gift, bequest, devise, or descent; (c) All property acquired by a Party during the marriage with the proceeds from the sale of Separate Property or from income derived from Separate Property; (d) All property designated as Separate Property pursuant to this Agreement; (e) All property acquired by a Party after the execution of a separation agreement or after a decree of legal separation; (f) All intellectual property rights that were conceived, created, or acquired by a Party prior to the marriage or that are specifically designated as Separate Property in this Agreement; (g) All appreciation, income, dividends, interest, proceeds, profits, or other benefits derived from a Party's Separate Property, unless otherwise specifically provided in this Agreement; and (h) Any property that would otherwise be considered Marital Property but is designated as Separate Property by valid written agreement of the Parties.

1.2. "Marital Property" or "Community Property" shall mean all property, real, personal, or mixed, tangible or intangible, acquired by either or both Parties during the marriage that is not Separate Property as defined above.

1.3. "Effective Date" shall mean the date of the Parties' marriage.

1.4. "Termination Event" shall mean: (a) The commencement of a proceeding for dissolution of marriage, legal separation, or annulment by either Party; (b) The physical separation of the Parties with the intent by at least one Party to terminate the marital relationship, followed by the filing of a petition for dissolution of marriage, legal separation, or annulment within one (1) year of such physical separation; or (c) The death of either Party.

ARTICLE II: DISCLOSURE OF FINANCIAL INFORMATION

2.1. Financial Disclosure. Each Party acknowledges that they have made a full, fair, and reasonable disclosure to the other Party of their financial condition, including all assets, liabilities, and sources of income, as set forth in the attached exhibits: (a) Exhibit A: [PARTY A NAME]'s Financial Disclosure (b) Exhibit B: [PARTY B NAME]'s Financial Disclosure

2.2. Acknowledgment of Disclosure. Each Party acknowledges that: (a) They have received, reviewed, and understand the financial disclosure provided by the other Party; (b) They have had sufficient time to review and consider the financial disclosure provided by the other Party; (c) They have had the opportunity to ask questions and request additional information regarding the financial disclosure provided by the other Party; (d) They are satisfied with the completeness and accuracy of the financial disclosure provided by the other Party; and (e) They are entering into this Agreement with full knowledge of the other Party's financial condition.

2.3. Waiver of Further Disclosure. Each Party hereby waives any right to additional disclosure of the property, financial obligations, or income of the other Party beyond the disclosure provided, except as otherwise required by law.

ARTICLE III: SEPARATE PROPERTY

3.1. Designation of Separate Property. The following property shall be and remain the Separate Property of the respective Party: (a) All property listed in Exhibit A shall be and remain the Separate Property of [PARTY A NAME]. (b) All property listed in Exhibit B shall be and remain the Separate Property of [PARTY B NAME].

3.2. Management and Control of Separate Property. Each Party shall have the exclusive right to manage, control, use, sell, exchange, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise treat their Separate Property in any manner that they may choose, without the consent or approval of the other Party.

3.3. Income from Separate Property. Unless otherwise specifically provided in this Agreement, all income, dividends, interest, appreciation, proceeds, profits, or other benefits derived from a Party's Separate Property shall remain the Separate Property of that Party.

3.4. Separate Property Acquired After Marriage. Any property acquired by a Party after marriage that would constitute Separate Property as defined in Article I shall remain the Separate Property of that Party.

3.5. Commingling of Separate Property. The Parties acknowledge that the commingling of Separate Property with Marital Property may result in the transmutation of Separate Property into Marital Property. To avoid such transmutation: (a) Each Party shall maintain their Separate Property in accounts or titles solely in their individual name; (b) Each Party shall maintain adequate records to trace the source of funds used to acquire property during the marriage; (c) The deposit of Separate Property into a joint account shall not, by itself, constitute a gift to the marital estate if the contributing Party can trace the source of such funds; and (d) If Separate Property and Marital Property are commingled to the extent that tracing is impossible, the entire commingled property shall be presumed to be Marital Property unless clear and convincing evidence establishes otherwise.

3.6. Burden of Proof. The Party claiming that a particular asset is Separate Property shall bear the burden of proving such claim by clear and convincing evidence.

ARTICLE IV: MARITAL PROPERTY

4.1. Marital Property During Marriage. During the marriage, all Marital Property shall be owned by the Parties according to the laws of the state in which they reside, except as otherwise provided in this Agreement.

4.2. Division of Marital Property Upon Termination Event. In the event of a Termination Event other than death, all Marital Property shall be divided as follows: (a) All Marital Property shall be divided equally between the Parties, regardless of the duration of the marriage, unless otherwise specifically provided in this Agreement; (b) If the Parties cannot agree on the division of specific items of Marital Property, such items shall be sold and the proceeds divided equally between the Parties; and (c) Each Party shall be responsible for the payment of any taxes resulting from the division of Marital Property allocated to them.

4.3. Marital Residence. If the Parties acquire a marital residence during the marriage: (a) The contributions of each Party toward the purchase price shall be documented; (b) If the residence is purchased in part with the Separate Property of one Party, that Party shall be entitled to reimbursement of their Separate Property contribution, without interest, before the remaining equity is divided as Marital Property; (c) In the event of a Termination Event other than death, either Party may elect to purchase the other Party's interest in the marital residence at fair market value as determined by an independent appraiser mutually selected by the Parties; and (d) If neither Party elects to purchase the other's interest, the marital residence shall be sold and the proceeds divided in accordance with this Agreement.

4.4. Retirement Accounts and Pension Plans. Notwithstanding any other provision of this Agreement: (a) The portion of any retirement account, pension plan, or other qualified plan that accrued prior to the marriage shall remain the Separate Property of the Party who earned it; (b) The portion of any retirement account, pension plan, or other qualified plan that accrues during the marriage shall be considered Marital Property and shall be divided equally between the Parties in the event of a Termination Event other than death; and (c) Any division of retirement accounts or pension plans shall be accomplished through a Qualified Domestic Relations Order (QDRO) or other appropriate court order.

ARTICLE V: DEBTS AND LIABILITIES

5.1. Separate Debts. The following debts and liabilities shall be and remain the separate obligation of the respective Party: (a) All debts and liabilities incurred by a Party prior to the marriage; (b) All debts and liabilities listed in Exhibit A shall be and remain the separate obligation of [PARTY A NAME]; (c) All debts and liabilities listed in Exhibit B shall be and remain the separate obligation of [PARTY B NAME]; and (d) All debts and liabilities incurred by a Party during the marriage in connection with that Party's Separate Property.

5.2. Marital Debts. All debts and liabilities incurred by either Party during the marriage that are not Separate Debts as defined above shall be considered Marital Debts.

5.3. Division of Marital Debts Upon Termination Event. In the event of a Termination Event other than death, all Marital Debts shall be divided equally between the Parties, regardless of which Party incurred the debt, unless otherwise specifically provided in this Agreement.

5.4. Indemnification for Separate Debts. Each Party shall indemnify and hold the other Party harmless from any and all claims, demands, liabilities, costs, and expenses arising from or related to their Separate Debts.

5.5. Credit Cards and Consumer Debt. Each Party shall be solely responsible for any credit card or consumer debt incurred in their individual name during the marriage, unless such debt was incurred for the benefit of both Parties or the marital household, in which case it shall be considered a Marital Debt.

5.6. Student Loans. Any student loan debt incurred by a Party, whether before or during the marriage, shall remain the separate obligation of that Party.

5.7. Tax Liabilities. The Parties shall be jointly responsible for any tax liabilities arising from joint tax returns filed during the marriage. Each Party shall be solely responsible for any tax liabilities arising from individual tax returns or from their Separate Property.

ARTICLE VI: SPOUSAL SUPPORT

6.1. Waiver of Spousal Support. In the event of a Termination Event other than death, each Party hereby waives, relinquishes, and releases any and all rights to spousal support, maintenance, or alimony from the other Party, regardless of the duration of the marriage or the financial circumstances of either Party at the time of the Termination Event.

6.2. Exception to Waiver. Notwithstanding Section 6.1, if the marriage lasts for more than [NUMBER] years, the waiver of spousal support shall be modified as follows: (a) For marriages lasting between [NUMBER] and [NUMBER] years, the economically disadvantaged spouse may receive spousal support for a period not to exceed [NUMBER] months, in an amount not to exceed $[AMOUNT] per month; (b) For marriages lasting between [NUMBER] and [NUMBER] years, the economically disadvantaged spouse may receive spousal support for a period not to exceed [NUMBER] months, in an amount not to exceed $[AMOUNT] per month; and (c) For marriages lasting more than [NUMBER] years, the economically disadvantaged spouse may receive spousal support for a period not to exceed [NUMBER] months, in an amount not to exceed $[AMOUNT] per month.

6.3. Modification of Spousal Support. Any spousal support awarded pursuant to Section 6.2 shall be modifiable only upon a showing of a substantial and material change in circumstances that was not foreseeable at the time of the Termination Event.

6.4. Termination of Spousal Support. Any obligation to pay spousal support pursuant to Section 6.2 shall terminate upon the earliest of: (a) The expiration of the term specified in Section 6.2; (b) The death of either Party; (c) The remarriage of the recipient Party; or (d) The cohabitation of the recipient Party with another person in a marriage-like relationship for a continuous period of at least six (6) months.

ARTICLE VII: ESTATE PLANNING AND INHERITANCE RIGHTS

7.1. Waiver of Elective Share. Each Party hereby waives, relinquishes, and releases any and all rights to an elective share, statutory share, or forced share of the estate of the other Party upon death, regardless of whether the other Party dies testate or intestate.

7.2. Waiver of Other Inheritance Rights. Each Party hereby waives, relinquishes, and releases any and all rights to: (a) Act as the personal representative, executor, or administrator of the other Party's estate; (b) Take against the will of the other Party; (c) Take an intestate share of the other Party's estate; (d) Take a homestead allowance, exempt property allowance, or family allowance from the other Party's estate; and (e) Any other rights or claims against the other Party's estate, except as specifically provided in this Agreement or in a valid will or trust executed after the date of this Agreement.

7.3. Minimum Inheritance Provision. Notwithstanding Sections 7.1 and 7.2, if the marriage lasts for more than [NUMBER] years and a Party dies while the Parties are married and living together, the surviving Party shall be entitled to receive: (a) For marriages lasting between [NUMBER] and [NUMBER] years, the greater of $[AMOUNT] or [PERCENTAGE]% of the deceased Party's estate; (b) For marriages lasting between [NUMBER] and [NUMBER] years, the greater of $[AMOUNT] or [PERCENTAGE]% of the deceased Party's estate; and (c) For marriages lasting more than [NUMBER] years, the greater of $[AMOUNT] or [PERCENTAGE]% of the deceased Party's estate.

7.4. Life Insurance. Each Party shall maintain a life insurance policy naming the other Party as the primary beneficiary, with the following minimum death benefits: (a) [PARTY A NAME] shall maintain a life insurance policy with a minimum death benefit of $[AMOUNT]; and (b) [PARTY B NAME] shall maintain a life insurance policy with a minimum death benefit of $[AMOUNT].

7.5. Retirement Accounts and Pension Plans. Notwithstanding any other provision of this Agreement, each Party shall have the rights provided by federal law with respect to the other Party's retirement accounts, pension plans, and other qualified plans, unless such rights are waived after the marriage in accordance with applicable federal law.

7.6. Estate Planning Documents. Each Party agrees to execute such wills, trusts, and other estate planning documents as may be necessary to implement the provisions of this Agreement.

ARTICLE VIII: PROVISIONS REGARDING CHILDREN

8.1. Existing Children. The Parties acknowledge that: (a) [PARTY A NAME] has [NUMBER] child(ren) from a previous relationship: [NAMES AND AGES OF CHILDREN]; and (b) [PARTY B NAME] has [NUMBER] child(ren) from a previous relationship: [NAMES AND AGES OF CHILDREN].

8.2. Financial Support for Existing Children. Each Party shall remain solely responsible for the financial support and education of their respective children from previous relationships. The other Party shall have no financial obligation to support such children unless they voluntarily adopt such children or otherwise agree in writing to assume such obligation.

8.3. Inheritance Rights for Existing Children. Nothing in this Agreement shall affect the inheritance rights of either Party's children from previous relationships. Each Party retains the right to provide for their children from previous relationships in their will, trust, or other estate planning documents.

8.4. Future Children. The Parties acknowledge that: (a) This Agreement cannot and does not predetermine issues of child custody, visitation, or child support for any children born to or adopted by the Parties during their marriage; (b) Issues of child custody, visitation, and child support shall be determined in accordance with the best interests of the child and applicable law at the time such issues arise; and (c) The Parties intend to provide for the financial needs of any children born to or adopted by them during their marriage, including but not limited to educational expenses, healthcare expenses, and other reasonable needs.

ARTICLE IX: BUSINESS INTERESTS

9.1. Existing Business Interests. The Parties acknowledge that: (a) [PARTY A NAME] owns the following business interests, which shall remain their Separate Property: [DESCRIPTION OF BUSINESS INTERESTS]; and (b) [PARTY B NAME] owns the following business interests, which shall remain their Separate Property: [DESCRIPTION OF BUSINESS INTERESTS].

9.2. Future Business Interests. Any business interest acquired by a Party during the marriage shall be classified as follows: (a) If acquired using Separate Property, the business interest shall remain the Separate Property of the acquiring Party; (b) If acquired using Marital Property, the business interest shall be considered Marital Property; and (c) If acquired using a combination of Separate Property and Marital Property, the business interest shall be allocated proportionally based on the source of funds used for the acquisition.

9.3. Business Valuation. In the event of a Termination Event other than death, any business interest that constitutes Marital Property shall be valued as of the date of the Termination Event by an independent business appraiser mutually selected by the Parties.

9.4. Management of Business Interests. Each Party shall have the exclusive right to manage and control their Separate Property business interests without interference from the other Party.

9.5. Waiver of Claims. Each Party hereby waives, relinquishes, and releases any and all claims to the other Party's Separate Property business interests, including any claim for appreciation in value during the marriage, unless such appreciation is due to the direct contribution of marital funds or the direct contribution of the non-owner Party's labor or expertise.

ARTICLE X: INTELLECTUAL PROPERTY

10.1. Existing Intellectual Property. The Parties acknowledge that: (a) [PARTY A NAME] owns the following intellectual property rights, which shall remain their Separate Property: [DESCRIPTION OF INTELLECTUAL PROPERTY]; and (b) [PARTY B NAME] owns the following intellectual property rights, which shall remain their Separate Property: [DESCRIPTION OF INTELLECTUAL PROPERTY].

10.2. Future Intellectual Property. Any intellectual property rights acquired or created by a Party during the marriage shall be classified as follows: (a) If created or acquired through the individual efforts of one Party, without significant contribution from the other Party or the use of Marital Property, such intellectual property rights shall remain the Separate Property of the creating or acquiring Party; (b) If created or acquired through the joint efforts of both Parties or with significant contribution from both Parties, such intellectual property rights shall be considered Marital Property; and (c) If created or acquired using Marital Property resources, such intellectual property rights shall be considered Marital Property.

10.3. Income from Intellectual Property. Income derived from a Party's Separate Property intellectual property rights shall remain the Separate Property of that Party, regardless of when such income is received.

ARTICLE XI: SPECIAL PROVISIONS

11.1. Sunset Clause. This Agreement shall automatically terminate and be of no further force or effect on the [NUMBER] anniversary of the Parties' marriage, provided that the Parties are still married and living together on that date. Upon such termination: (a) All property then owned by either Party shall be classified as Separate Property or Marital Property in accordance with the laws of the state in which the Parties then reside, without regard to the provisions of this Agreement; and (b) All other rights and obligations of the Parties shall be determined in accordance with applicable law, without regard to the provisions of this Agreement.

11.2. Infidelity Clause. In the event that a Termination Event occurs as a result of the documented infidelity of one Party, the following shall apply: (a) The Party who committed the infidelity shall forfeit [PERCENTAGE]% of their share of the Marital Property to the other Party; (b) The Party who committed the infidelity shall not be entitled to receive spousal support from the other Party, regardless of the duration of the marriage or any other provision of this Agreement; and (c) The Party who committed the infidelity shall be responsible for paying [PERCENTAGE]% of the reasonable attorney's fees and costs incurred by the other Party in connection with the dissolution of the marriage. (d) For purposes of this Section, "infidelity" shall mean voluntary sexual intercourse between a married person and someone other than their spouse.

11.3. Religious Requirements. In the event of a dissolution of the marriage: (a) [PARTY A NAME] agrees to cooperate fully in obtaining a religious divorce in accordance with the requirements of [RELIGIOUS TRADITION], including but not limited to executing a [RELIGIOUS DIVORCE DOCUMENT] or appearing before a [RELIGIOUS AUTHORITY]; and (b) [PARTY B NAME] agrees to cooperate fully in obtaining a religious divorce in accordance with the requirements of [RELIGIOUS TRADITION], including but not limited to executing a [RELIGIOUS DIVORCE DOCUMENT] or appearing before a [RELIGIOUS AUTHORITY].

11.4. Pet Custody and Care. The Parties acknowledge that they own the following pets: [DESCRIPTION OF PETS]. In the event of a Termination Event other than death: (a) [PET NAME] shall remain with [PARTY A/B NAME]; (b) [PET NAME] shall remain with [PARTY A/B NAME]; (c) The Party who does not retain custody of a pet shall have reasonable visitation rights; (d) Each Party shall be responsible for the veterinary care, food, and other expenses related to the pets in their custody; and (e) Neither Party shall be permitted to euthanize a pet without the written consent of the other Party, except in cases of medical necessity as determined by a licensed veterinarian.

11.5. Confidentiality. The Parties agree that: (a) The terms and conditions of this Agreement are confidential and shall not be disclosed to any third party without the written consent of both Parties, except as required by law or as necessary to implement or enforce the provisions of this Agreement; (b) Neither Party shall disparage the other Party or disclose personal or private information about the other Party to any third party during or after the marriage; and (c) In the event of a breach of this confidentiality provision, the non-breaching Party shall be entitled to injunctive relief and damages, including reasonable attorney's fees and costs incurred in enforcing this provision.

11.6. Lifestyle Provisions. The Parties agree that: (a) Each Party shall maintain a healthy lifestyle, including regular exercise and a balanced diet; (b) Neither Party shall engage in illegal drug use; (c) Each Party shall be entitled to pursue their career and educational goals without interference from the other Party; and (d) Major decisions affecting the marital household, including but not limited to relocation, shall be made jointly by the Parties.

ARTICLE XII: LEGAL REQUIREMENTS AND ENFORCEMENT

12.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of laws principles.

12.2. Jurisdiction and Venue. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought exclusively in the courts of the State of [STATE], County of [COUNTY], and the Parties hereby consent to the jurisdiction of such courts and waive any objection to venue laid therein.

12.3. Independent Legal Representation. Each Party acknowledges that: (a) [PARTY A NAME] has been represented by [ATTORNEY NAME] of [LAW FIRM] in connection with the negotiation and execution of this Agreement; (b) [PARTY B NAME] has been represented by [ATTORNEY NAME] of [LAW FIRM] in connection with the negotiation and execution of this Agreement; (c) Each Party has received independent legal advice regarding the terms and legal consequences of this Agreement; (d) Each Party has had sufficient time to consider the advice of their respective counsel; and (e) Each Party is satisfied with the representation they have received.

12.4. Voluntary Execution. Each Party acknowledges that: (a) They have read this Agreement in its entirety and understand its terms and provisions; (b) They are entering into this Agreement voluntarily and of their own free will; (c) They have not been subjected to any form of duress, coercion, or undue influence in connection with the negotiation or execution of this Agreement; (d) They believe this Agreement to be fair and reasonable; and (e) They would not marry without the financial protections afforded by this Agreement.

12.5. Timing of Execution. The Parties acknowledge that this Agreement is being executed at least thirty (30) days prior to their planned marriage date to avoid any claim of duress or coercion.

12.6. Full Disclosure. Each Party acknowledges that: (a) They have made a full and fair disclosure to the other Party of their financial condition, including all assets, liabilities, and sources of income; (b) They have not intentionally misrepresented or failed to disclose any material fact related to their financial condition; and (c) They have had sufficient opportunity to investigate and verify the financial disclosure provided by the other Party.

12.7. Unconscionability. The Parties acknowledge that this Agreement is not unconscionable at the time of execution and is intended to be fair and reasonable to both Parties.

12.8. Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The Parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the Parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the Parties' original intent and economic expectations. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

12.9. Entire Agreement. This Agreement, including all exhibits and attachments hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the Parties, whether oral or written.

12.10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.

12.11. No Waiver. The failure of either Party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or similar nature.

ARTICLE XIII: MODIFICATION AND DISPUTE RESOLUTION

13.1. Amendment. This Agreement may be amended or modified only by a written instrument executed by both Parties with the same formality as this Agreement.

13.2. Review Schedule. The Parties agree to review this Agreement: (a) On the fifth (5th) anniversary of their marriage; (b) On the tenth (10th) anniversary of their marriage; (c) Upon the birth or adoption of a child; (d) Upon a significant change in either Party's financial condition; and (e) Upon the inheritance of significant assets by either Party.

13.3. Mediation. In the event of any dispute arising out of or relating to this Agreement, the Parties agree to first attempt to resolve such dispute through mediation before a mutually acceptable mediator. The costs of mediation shall be shared equally by the Parties.

13.4. Arbitration. If mediation does not resolve the dispute within sixty (60) days of the initial demand for mediation, the Parties agree to submit the dispute to binding arbitration before a mutually acceptable arbitrator. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect. The costs of arbitration shall be shared equally by the Parties, but each Party shall be responsible for their own attorney's fees and costs, unless the arbitrator determines otherwise.

13.5. Attorney's Fees and Costs. In the event of any legal action or proceeding to enforce, interpret, or challenge this Agreement: (a) The prevailing Party shall be entitled to recover their reasonable attorney's fees and costs incurred in such action or proceeding; (b) The amount of such attorney's fees and costs shall be determined by the court or arbitrator; and (c) This provision shall survive the termination of this Agreement.

ARTICLE XIV: MISCELLANEOUS PROVISIONS

14.1. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:

If to [PARTY A NAME]: [ADDRESS] If to [PARTY B NAME]: [ADDRESS]

Either Party may change such address by providing written notice to the other Party in accordance with this Section.

14.2. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

14.3. Headings. The headings in this Agreement are for convenience only and shall not be used to interpret or construe any provision of this Agreement.

14.4. Gender and Number. Whenever the context requires, the gender of all words used in this Agreement shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and plural.

14.5. Further Assurances. Each Party agrees to execute such additional documents and take such additional actions as may be reasonably necessary or desirable to carry out the purposes and intent of this Agreement.

14.6. Survival. The provisions of this Agreement that by their nature extend beyond the termination of the marriage shall survive and remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

[PARTY A NAME]

Signature

Date

[PARTY B NAME]

Signature

Date

ACKNOWLEDGMENT

STATE OF ________________ ) ) ss. COUNTY OF ______________ )

On this _____ day of ________________, [YEAR], before me personally appeared [PARTY A NAME], known to me to be the person described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.

Notary Public My Commission Expires: ________________

STATE OF ________________ ) ) ss. COUNTY OF ______________ )

On this _____ day of ________________, [YEAR], before me personally appeared [PARTY B NAME], known to me to be the person described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.

Notary Public My Commission Expires: ________________

CERTIFICATE OF COUNSEL FOR [PARTY A NAME]

I, [ATTORNEY NAME], attorney at law, certify that I have been retained by [PARTY A NAME] as their independent legal counsel in connection with the foregoing Prenuptial Agreement. I have reviewed the Agreement and fully explained to [PARTY A NAME] the legal significance of the terms and provisions of the Agreement and the rights and obligations created and waived therein. I further certify that [PARTY A NAME] has acknowledged their full and complete understanding of the Agreement and has executed the Agreement freely and voluntarily.

[ATTORNEY NAME] [LAW FIRM] [ADDRESS] [PHONE NUMBER] [EMAIL ADDRESS] [BAR NUMBER]

Date

CERTIFICATE OF COUNSEL FOR [PARTY B NAME]

I, [ATTORNEY NAME], attorney at law, certify that I have been retained by [PARTY B NAME] as their independent legal counsel in connection with the foregoing Prenuptial Agreement. I have reviewed the Agreement and fully explained to [PARTY B NAME] the legal significance of the terms and provisions of the Agreement and the rights and obligations created and waived therein. I further certify that [PARTY B NAME] has acknowledged their full and complete understanding of the Agreement and has executed the Agreement freely and voluntarily.

[ATTORNEY NAME] [LAW FIRM] [ADDRESS] [PHONE NUMBER] [EMAIL ADDRESS] [BAR NUMBER]

Date

EXHIBIT A: [PARTY A NAME]'S FINANCIAL DISCLOSURE

ASSETS

Real Property

  1. [DESCRIPTION OF PROPERTY, ADDRESS, OWNERSHIP DETAILS, CURRENT MARKET VALUE, OUTSTANDING MORTGAGE]
  2. [DESCRIPTION OF PROPERTY, ADDRESS, OWNERSHIP DETAILS, CURRENT MARKET VALUE, OUTSTANDING MORTGAGE]

Personal Property

  1. Vehicles: [DESCRIPTION, YEAR, MAKE, MODEL, ESTIMATED VALUE]
  2. Jewelry: [DESCRIPTION, ESTIMATED VALUE]
  3. Art and Collectibles: [DESCRIPTION, ESTIMATED VALUE]
  4. Furniture and Household Items: [DESCRIPTION, ESTIMATED VALUE]
  5. Other: [DESCRIPTION, ESTIMATED VALUE]

Financial Accounts

  1. Bank Accounts: [INSTITUTION, ACCOUNT TYPE, ACCOUNT NUMBER (LAST 4 DIGITS), APPROXIMATE BALANCE]
  2. Investment Accounts: [INSTITUTION, ACCOUNT TYPE, ACCOUNT NUMBER (LAST 4 DIGITS), APPROXIMATE BALANCE]
  3. Retirement Accounts: [INSTITUTION, ACCOUNT TYPE, ACCOUNT NUMBER (LAST 4 DIGITS), APPROXIMATE BALANCE]
  4. Other Financial Holdings: [DESCRIPTION, ESTIMATED VALUE]

Business Interests

  1. [BUSINESS NAME, ENTITY TYPE, OWNERSHIP PERCENTAGE, ESTIMATED VALUE]
  2. [BUSINESS NAME, ENTITY TYPE, OWNERSHIP PERCENTAGE, ESTIMATED VALUE]

Intellectual Property

  1. [DESCRIPTION OF INTELLECTUAL PROPERTY RIGHTS, REGISTRATION DETAILS, ESTIMATED VALUE]
  2. [DESCRIPTION OF INTELLECTUAL PROPERTY RIGHTS, REGISTRATION DETAILS, ESTIMATED VALUE]

Other Assets

  1. [DESCRIPTION, ESTIMATED VALUE]
  2. [DESCRIPTION, ESTIMATED VALUE]

LIABILITIES

Mortgages

  1. [PROPERTY ADDRESS, LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]
  2. [PROPERTY ADDRESS, LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]

Student Loans

  1. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, EXPECTED PAYOFF DATE]
  2. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, EXPECTED PAYOFF DATE]

Credit Card Debt

  1. [ISSUER, OUTSTANDING BALANCE, MINIMUM MONTHLY PAYMENT, INTEREST RATE]
  2. [ISSUER, OUTSTANDING BALANCE, MINIMUM MONTHLY PAYMENT, INTEREST RATE]

Personal Loans

  1. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]
  2. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]

Business Loans

  1. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]
  2. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]

Other Liabilities

  1. [DESCRIPTION, AMOUNT OWED, PAYMENT TERMS]
  2. [DESCRIPTION, AMOUNT OWED, PAYMENT TERMS]

INCOME

Employment Income

  1. [EMPLOYER, POSITION, ANNUAL SALARY, BONUSES, COMMISSIONS]
  2. [EMPLOYER, POSITION, ANNUAL SALARY, BONUSES, COMMISSIONS]

Self-Employment Income

  1. [BUSINESS NAME, NATURE OF BUSINESS, AVERAGE ANNUAL INCOME]
  2. [BUSINESS NAME, NATURE OF BUSINESS, AVERAGE ANNUAL INCOME]

Investment Income

  1. [SOURCE, AVERAGE ANNUAL INCOME]
  2. [SOURCE, AVERAGE ANNUAL INCOME]

Other Income

  1. [SOURCE, AMOUNT, FREQUENCY]
  2. [SOURCE, AMOUNT, FREQUENCY]

EXHIBIT B: [PARTY B NAME]'S FINANCIAL DISCLOSURE

ASSETS

Real Property

  1. [DESCRIPTION OF PROPERTY, ADDRESS, OWNERSHIP DETAILS, CURRENT MARKET VALUE, OUTSTANDING MORTGAGE]
  2. [DESCRIPTION OF PROPERTY, ADDRESS, OWNERSHIP DETAILS, CURRENT MARKET VALUE, OUTSTANDING MORTGAGE]

Personal Property

  1. Vehicles: [DESCRIPTION, YEAR, MAKE, MODEL, ESTIMATED VALUE]
  2. Jewelry: [DESCRIPTION, ESTIMATED VALUE]
  3. Art and Collectibles: [DESCRIPTION, ESTIMATED VALUE]
  4. Furniture and Household Items: [DESCRIPTION, ESTIMATED VALUE]
  5. Other: [DESCRIPTION, ESTIMATED VALUE]

Financial Accounts

  1. Bank Accounts: [INSTITUTION, ACCOUNT TYPE, ACCOUNT NUMBER (LAST 4 DIGITS), APPROXIMATE BALANCE]
  2. Investment Accounts: [INSTITUTION, ACCOUNT TYPE, ACCOUNT NUMBER (LAST 4 DIGITS), APPROXIMATE BALANCE]
  3. Retirement Accounts: [INSTITUTION, ACCOUNT TYPE, ACCOUNT NUMBER (LAST 4 DIGITS), APPROXIMATE BALANCE]
  4. Other Financial Holdings: [DESCRIPTION, ESTIMATED VALUE]

Business Interests

  1. [BUSINESS NAME, ENTITY TYPE, OWNERSHIP PERCENTAGE, ESTIMATED VALUE]
  2. [BUSINESS NAME, ENTITY TYPE, OWNERSHIP PERCENTAGE, ESTIMATED VALUE]

Intellectual Property

  1. [DESCRIPTION OF INTELLECTUAL PROPERTY RIGHTS, REGISTRATION DETAILS, ESTIMATED VALUE]
  2. [DESCRIPTION OF INTELLECTUAL PROPERTY RIGHTS, REGISTRATION DETAILS, ESTIMATED VALUE]

Other Assets

  1. [DESCRIPTION, ESTIMATED VALUE]
  2. [DESCRIPTION, ESTIMATED VALUE]

LIABILITIES

Mortgages

  1. [PROPERTY ADDRESS, LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]
  2. [PROPERTY ADDRESS, LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]

Student Loans

  1. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, EXPECTED PAYOFF DATE]
  2. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, EXPECTED PAYOFF DATE]

Credit Card Debt

  1. [ISSUER, OUTSTANDING BALANCE, MINIMUM MONTHLY PAYMENT, INTEREST RATE]
  2. [ISSUER, OUTSTANDING BALANCE, MINIMUM MONTHLY PAYMENT, INTEREST RATE]

Personal Loans

  1. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]
  2. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]

Business Loans

  1. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]
  2. [LENDER, OUTSTANDING BALANCE, MONTHLY PAYMENT, INTEREST RATE, MATURITY DATE]

Other Liabilities

  1. [DESCRIPTION, AMOUNT OWED, PAYMENT TERMS]
  2. [DESCRIPTION, AMOUNT OWED, PAYMENT TERMS]

INCOME

Employment Income

  1. [EMPLOYER, POSITION, ANNUAL SALARY, BONUSES, COMMISSIONS]
  2. [EMPLOYER, POSITION, ANNUAL SALARY, BONUSES, COMMISSIONS]

Self-Employment Income

  1. [BUSINESS NAME, NATURE OF BUSINESS, AVERAGE ANNUAL INCOME]
  2. [BUSINESS NAME, NATURE OF BUSINESS, AVERAGE ANNUAL INCOME]

Investment Income

  1. [SOURCE, AVERAGE ANNUAL INCOME]
  2. [SOURCE, AVERAGE ANNUAL INCOME]

Other Income

  1. [SOURCE, AMOUNT, FREQUENCY]
  2. [SOURCE, AMOUNT, FREQUENCY]

Illinois Requirements for Prenuptial Agreement

Illinois Uniform Premarital Agreement Act Compliance (750 ILCS 10/1 et seq.)

The agreement must comply with the Illinois Uniform Premarital Agreement Act (750 ILCS 10/1 et seq.), which governs the creation, content, and enforcement of prenuptial agreements in Illinois.

Voluntary Execution (750 ILCS 10/7(a)(1))

Both parties must enter into the agreement voluntarily, without duress, fraud, or coercion. The agreement may be deemed unenforceable if either party was forced or tricked into signing.

Full and Fair Disclosure (750 ILCS 10/7(a)(2))

Both parties must provide full and fair disclosure of their financial assets, liabilities, and income before signing the agreement. Failure to disclose material information may render the agreement unenforceable.

Unconscionability Provision (750 ILCS 10/7(a)(2))

The agreement must not be unconscionable when executed. Courts may refuse to enforce provisions that are extremely one-sided or unfair at the time of signing.

Independent Legal Representation (750 ILCS 10/7 (interpretation))

While not strictly required by Illinois law, each party should have the opportunity to consult with independent legal counsel before signing the agreement to strengthen its enforceability.

Written Requirement (750 ILCS 10/3)

The prenuptial agreement must be in writing and signed by both parties to be enforceable under Illinois law.

Child Support Limitations (750 ILCS 10/4(b))

Provisions attempting to waive or restrict child support obligations are unenforceable under Illinois law, as the right to support belongs to the child, not the parents.

Illinois Marriage and Dissolution of Marriage Act Compliance (750 ILCS 5/101 et seq.)

The agreement must be consistent with the Illinois Marriage and Dissolution of Marriage Act, which governs divorce proceedings and property division in Illinois.

Spousal Maintenance (Alimony) Provisions (750 ILCS 10/7(b))

The agreement may include provisions regarding spousal maintenance (alimony), but courts may review these provisions for unconscionability at the time of enforcement.

Property Division Provisions (750 ILCS 5/503)

The agreement should clearly define separate and marital property and specify how property will be divided upon divorce, consistent with Illinois property division laws.

Sunset or Duration Provisions (750 ILCS 10/4(a)(3))

The agreement may include provisions that modify or terminate the agreement after a specified period of marriage, which must be clearly stated to be enforceable.

Estate Planning Coordination (755 ILCS 5/1-1 et seq.)

The prenuptial agreement should be coordinated with estate planning documents and comply with Illinois Probate Act provisions regarding spousal rights and inheritance.

Federal Tax Law Compliance (26 U.S.C. § 1041)

The agreement must comply with federal tax laws regarding the treatment of property transfers, gifts, and estate planning considerations between spouses.

ERISA Compliance for Retirement Assets (29 U.S.C. § 1001 et seq.)

Provisions affecting retirement accounts must comply with the Employee Retirement Income Security Act (ERISA), which may require specific waivers and forms for certain retirement benefits.

Choice of Law Provisions (750 ILCS 10/3)

The agreement should specify that Illinois law governs its interpretation and enforcement, particularly if the couple may relocate to another state.

Amendment and Modification Procedures (750 ILCS 10/5)

The agreement must specify procedures for future amendments or modifications, which under Illinois law must be in writing and signed by both parties.

Severability Clause (750 ILCS 10/8)

The agreement should include a severability clause stating that if any provision is found unenforceable, the remainder of the agreement remains valid and enforceable.

Debt Allocation Provisions (750 ILCS 5/503)

The agreement should address responsibility for existing and future debts, consistent with Illinois law regarding marital and non-marital debt allocation.

Business Interest Protection (805 ILCS 5/1.01 et seq.)

Provisions protecting business interests must comply with Illinois business entity laws and properly address valuation, ownership, and management rights.

Execution Timing Requirements (750 ILCS 10/7 (interpretation))

While Illinois does not specify a minimum time before marriage for execution, the agreement should be signed well in advance of the wedding to avoid claims of duress or coercion.

Frequently Asked Questions

A prenuptial agreement typically includes provisions about property division (both assets acquired before and during marriage), debt allocation, spousal support/alimony, inheritance rights, and financial responsibilities during marriage. It can specify which assets remain separate property and which become marital property. The agreement can also address specific items like family businesses, investments, retirement accounts, and real estate. What cannot be included are child custody arrangements or child support amounts, as these must be determined based on the best interests of the child at the time of divorce. Personal, non-financial matters (like chore division or in-law visitation) are generally unenforceable in a prenup.

For blended families, prenuptial agreements provide crucial protection for children from previous relationships. The agreement can ensure that specific assets are preserved for these children in the event of divorce or death. Without a prenup, state laws might direct most assets to the new spouse rather than to children from previous relationships. A prenup can work alongside your estate plan to guarantee that family heirlooms, businesses, or specific funds remain designated for your children. This protection gives peace of mind that your children's inheritance is secure while still providing for your new spouse.

No, prenuptial agreements benefit couples across all financial backgrounds. While they're particularly important for those with significant assets, business interests, or inheritance expectations, young couples with modest assets can also benefit. A prenup can protect future earnings, business ventures, and professional degrees. It can shield one partner from the other's debts and establish clear financial expectations. For young couples, a prenup can address how student loans will be handled and how future career sacrifices (like relocating for a spouse's job) will be compensated if the marriage ends. Even couples with few current assets may acquire wealth during marriage that they'll want to protect.

To maximize enforceability, both parties should have independent legal representation (separate lawyers), provide full financial disclosure of all assets and debts, and sign the agreement well before the wedding (ideally at least 30 days prior) to avoid claims of coercion or duress. The agreement must be in writing, signed by both parties, and contain fair and reasonable terms. Avoid including unenforceable provisions like child custody arrangements or clauses that incentivize divorce. The agreement should be properly executed according to your state's laws. Regular reviews and updates to the agreement, especially after major life changes, help maintain its relevance and enforceability.

Approach the conversation as part of comprehensive financial planning rather than preparation for divorce. Start early—ideally when discussing other future plans—and emphasize that a prenup creates clarity and protection for both parties. Frame it as an act of love that establishes honest communication about finances. Acknowledge that the conversation may be uncomfortable but stress that addressing difficult topics together strengthens your relationship. Listen to your partner's concerns without judgment and be willing to compromise. Consider involving a neutral third party like a premarital counselor or financial advisor to facilitate the discussion. Remember that the goal is mutual protection and transparency, not advantage for either person.

For couples with significant assets or large income differences, a prenuptial agreement provides crucial protection and clarity. It can preserve family wealth, businesses, or inheritances as separate property. The agreement can establish fair spousal support terms that acknowledge the income disparity while protecting the higher-earning spouse from excessive claims. It can define how premarital assets and their appreciation will be handled and establish mechanisms for dividing jointly acquired assets. For business owners, a prenup can prevent a spouse from claiming ownership interest or forcing liquidation during divorce. The agreement can also address how retirement accounts, investments, and real estate holdings will be treated, providing security for both parties.

Yes, a prenuptial agreement can be modified after marriage through what's called a postnuptial agreement. Both spouses must voluntarily consent to the changes. Like the original prenup, modifications require full financial disclosure, independent legal representation for both parties, and proper execution according to state laws. Common reasons for modification include significant changes in financial circumstances, the birth of children, inheritance, or business changes. Some prenups include sunset provisions that automatically void certain terms after a specified number of years of marriage. Regular reviews of your agreement (every 5-10 years or after major life events) are recommended to ensure it remains relevant to your current situation.

For young couples starting with few assets, a prenuptial agreement focuses on future potential rather than current wealth. It can address how future earnings, career advancements, and acquired assets will be handled. The agreement can protect anticipated inheritances, future business ventures, and intellectual property rights. It can establish how student loan debt will be treated and whether one spouse will be compensated for supporting the other through education or career building. A prenup can also outline financial responsibilities during marriage and set parameters for potential spousal support based on the length of marriage. This forward-looking approach provides a framework for financial decisions throughout the relationship.