Prenuptial Agreement
A legal contract signed before marriage that specifies how property and debts will be handled in a divorce.
Understanding Prenuptial Agreement
A prenuptial agreement (prenup) allows engaged couples to predetermine property division, spousal support, and debt responsibility before they marry. To be valid, most states require full financial disclosure, voluntary signing without duress, and fairness at the time of enforcement. Prenups cannot address child custody or child support. They are increasingly common, especially for second marriages or when one spouse has significantly more assets.
Real-World Examples
Their prenup specified that each spouse would keep assets acquired before the marriage.
State-by-State Variations
Most states follow the Uniform Premarital Agreement Act, but enforcement standards vary — some states require both parties to have independent counsel.
Related Terms
A legal contract signed by spouses after marriage that outlines how assets and debts will be divided if they divorce.
Separate PropertyAssets or debts that belong to one spouse individually and are generally not subject to division in divorce.
Marital PropertyAll assets and debts acquired by either spouse during the marriage, which are subject to division in divorce.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.